• Child maintenance

After getting tired of domestic violence and abuse, I moved out of India 8 years ago with my daughter who was 5 years old that time. Since then I have been single handedly raising my daughter without any financial support from her father. I never asked for any help from him because I knew all I will get is further verbal abuse. I was fine until now as I was doing well financially. But now, post pandemic, I have moved to the UK and am facing financial difficulties due to cost of living and as my daughter is getting older she needs support in her studies and I can’t afford to pay extra tutor fees and other costs to continue the comfortable lifestyle that she enjoyed until now. 
I asked her father for money but he refuses saying he doesn’t have any money and if i want him to contribute to daughter’s expenses, we should both come back and stay in India. He even gives us a tough time when I ask for help for my daughter’s speech therapy sessions ( my daughter suffers from anxiety disorder) 
I am still legally married but am planning to file for divorce on my next visit. We are both doctors by profession. I want to know 2 things:
1. If I am earning and/ or abroad, am I not entitled to receive any child maintenance ?
2. Can I file for domestic violence in above situation after so many years? Even if I am not staying in the country? I am asking this because I am sick and tired of begging for financial help for my daughter and he still uses emotional abuse tactics to refuse to pay.
Look forward to some guidance. Many thanks
Asked 4 months ago in Family Law
Religion: Hindu

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12 Answers

You are entitled to child maintenance 

 

2) if both are working both have to pay for child 

maintenance in proportion to their incomes 

 

3) you can file DV case against your husband seek protection order , child maintenance and compensation for mental torture undergone by you 

Ajay Sethi
Advocate, Mumbai
89092 Answers
6362 Consultations

5.0 on 5.0

1.      Earning wife is not entitled for maintenance  from husband but daughter  has every right  to claim maintenance  from father  till she reaches age of majority. 2.      Domestic violence can be mental as well as physical. It can be through verbal abuse on phone. Not providing maintenance for daughter  is also an abuse. You can also file 498A as the  acts of domestic violence amounts to cruelty. 3.      You can file all such cases from abroad through GPA drafted there with attestation from Indian High Commissioner/Consulate. Such GPA can be given to your relative in India, who can file cases, appoint Advocate and do all such thing for you.


You can appear in court through video conferencing.  

Ravi Shinde
Advocate, Hyderabad
3153 Answers
42 Consultations

5.0 on 5.0

1. The maintenance claim is for the child and not for you, hence she is entitled to a maintenance amount from her biological father until she is married or employed.

2. If there was no incidence of  domestic violence happened all these 8 years, there may not be a cause of action to file a DV case against him, it may not be legally maintainable.

Instead you can file a maintenance case on behalf of your daughter (if she is minor by age or she can do it herself if she is over 18 years of age), under section 125 Cr.P.C. 

You do not have to beg him, your daughter is entitled to maintenance equally from her father too, therefore you can file the maintenance case before jurisdictional court and he has to obey the court order granting maintenance to her. 

T Kalaiselvan
Advocate, Vellore
79250 Answers
1618 Consultations

5.0 on 5.0

1. As per law, a woman can claim maintenance , if her income is not sufficient for her maintenance as per her standard of living. 

- Further, your husband is under obligation to bear the expenses of daughter for her study and marriage 

- Hence, if your husband is earning more than you, then you can claim maintenance from him for yourself and for daughter . 

2. Since you are not residing with him due to his domestic violence and torture , and also he is not maintaining even his daughter , then you can file complaint under the provision of Domestic Violence Act. 

- However , for claiming maintenance for yourself and daughter , you should file the petition under Section 125 CrPc.

Mohammed Shahzad
Advocate, Delhi
10324 Answers
124 Consultations

5.0 on 5.0

Dear Dr. 

I have gone through the contents of your mail. After reading I would like to give advice as under:-

1.  It is wrong to say that if you are earning member for which not entitle to get maintenance in accordance with india Law.

It is advice to you that under Section 125 Cr. PC you and your child is absolutely entitle to get maintenance from your estrange husband. it has to be seen that whether your earning is more than your husband then its qua for you that you will not be able to get maintenance, but on the other hand your child is definitely entitle to get maintenance irrespective of the fact whether you are earning or not. It is the primary duty of the husband to looking after his children and maintain them. Therefore, you can file the case for maintenance here in India. Or you can also file a child maintenance  case in UK to the Competent court of law by which you can obtain the order for care and maintenance for your child.

2. In reply to your question  No. 2 , I would like to draw you attention that since you have got solemnised your  marriage in accordance with Hindu Marriage act in India, and the Domestic Violation act was come in to force in India in 2005-06. According to the law you can file Domestic violation case against your husband as well as of his other family members, if they have committed any domestic violence upon you during your stay in India.

It is requested to you that kindly provide some detail of facts for your proper advice.  you can contact me without any Hazitation.

Regards

G.L.Soni

Advocate

 

 

G. L. Soni
Advocate, New Delhi
87 Answers
3 Consultations

5.0 on 5.0

Hello,

  1. Your earning or being employed overseas does not dis-entitle the child from receiving maintenance form its father. Therefore, you can legally demand maintenance for the child from your husband.
  2. As you have been away from India and from your husband's household fro 8 years the possibility of filing  domestic violence case has ceased, however, this does not stop you from filing for maintenance for the child.

S J Mathew
Advocate, Mumbai
3415 Answers
175 Consultations

5.0 on 5.0

Yes you can do the telephonic consultation though kaanoon

Prashant Nayak
Advocate, Mumbai
28106 Answers
93 Consultations

4.4 on 5.0

The process i.e., the case will run for over a year to get disposed by court, however she will certainly get a substantial amount towards maintenance and education as well as medical expenses from him.

However you may not be able to claim any amount with retrospective effect.

You can contact an advocate in the local where he resides so that the maintenance case will be more effective.

 

 

T Kalaiselvan
Advocate, Vellore
79250 Answers
1618 Consultations

5.0 on 5.0

Dear client,

1. Yes, you are entitled for maintenance even if you are earning or you are settled in abroad. In order to apply for maintenance from a non-resident parent who lives abroad, the receiving parent may need to make an application to Court for a child maintenance order. 

2. Yes you can file for domestic violence in above situation after so many years because There isn't any time restriction for filling the case specified under Domestic Violence. NRI's can file domestic violence case in India.

 

Thank you

Anik Miu
Advocate, Bangalore
5374 Answers
58 Consultations

4.9 on 5.0

You cannot seek maintenance for last 10 years 

 

2) any order of maintenance would be from date of application 

 

3) it may take a year or so to get interim maintenance 

Ajay Sethi
Advocate, Mumbai
89092 Answers
6362 Consultations

5.0 on 5.0

Hello,

  1. Once you initiate the the petition he will e summoned by the court and will have time to appear and file his reply and then evidence, hearing, argument etc.
  2. Over all, you should anticipate about an year for an outcome. However, you can seek interior reliefs in the form of interim maintenance showing medical exigencies, school fee etc. And such reliefs are ordered quicker.

S J Mathew
Advocate, Mumbai
3415 Answers
175 Consultations

5.0 on 5.0

A minor child of any religion can file a petition through his/her legal guardian before the Magistrate or family court for seeking maintenance and other expenses, and the Court may also pass order for Interim Maintenance during the proceedings. 

- Further , any pending application in connection with education and maintenance of the minor child shall be disposed of within sixty days from the date of service of the notice to the respondent.

Mohammed Shahzad
Advocate, Delhi
10324 Answers
124 Consultations

5.0 on 5.0

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