Dear Learned Members, Father has filed child custody GWA act section 7 & 25 and have 2 queries. For past 18 months wife is away with 2 children (6 years and 2 years). Earlier father had sent gifts twice and both of them were returned. However father again sent some costly Diwali clothes once more few days back and the parcel is yet to reach. Regarding Money father is not sending anything because in-laws has created a state of confusion & sometimes they ask lunp sum and sometimes send SMS saying as of now nothing is needed. Wife and her parents do not inform father about illness and hospitalization even though insurance cards are sent to them by father.Father asked and followed up multiple times (email/SMS/phone) asking details which can be submitted for insurance for reimbursement but there was no response from wife and in-laws. Also, there are multiple SMS proofs that wife and family forcefully do not allow the father to meet his children or talk to them. Wife was earlier working but now not working and is dependent on her father's pension and unmarried brothers salary. In this background there are 2 queries : 1) Can the court award maintenance under GWA for the children? Is it allowed or normal practice to order maintenance under GWA act? If yes, then what could be the amount and how is it calculated. Children are 6 and 2 years of age. 2) if the father refuses to divulge his payslips/income (or income tax returns) then is it a problem? Can he show his immovable properties and retirements benefits (EPF & PPF) to prove he has sufficient means than the wife and in-laws. Can the court force him to divulge his payslips or IT returns which is very personal thing.
1. In gwa proceedings there is no provision or scope for maintenance. However the wife can initiate fresh proceedings u/s 125 crpc or under pwdv act for maintenance of herself and the children.
2. In gwa proceedings there is no scope or opportunity to ask for income details of father. However those may be called for maintenance case of such nature as stated above.
1) court can award maintenance for minor children under GWA
2) amount of maintenance would depend upon income of father , mother , expenses incurred for the child upbringing
3) father should disclose his income by filing his income tax returns to enable court to determine amount of maintenance to be awarded
1) Can the court award maintenance under GWA for the children? Is it allowed or normal practice to order maintenance under GWA act? If yes, then what could be the amount and how is it calculated. Children are 6 and 2 years of age.
Who is seeking maintenance under GWA act?, If the father is seeking custody of children under GWA act, has the wife filed for maintenance for children? Because she can claim maintenance even otherwise by imposing provisions of particular law for maintenance. There is no normal practice to allow maintenance even before it is sought before court.
2) if the father refuses to divulge his payslips/income (or income tax returns) then is it a problem? NO.
Can he show his immovable properties and retirements benefits (EPF & PPF) to prove he has sufficient means than the wife and in-laws. YES.
Can the court force him to divulge his payslips or IT returns which is very personal thing. NO, court cannot force the situation.
Hi
If your wife file application for maintenance for herself ad children she can get it.
The quantum of maintenance is depending on your income whatever she mentions and proved in court.
if your wife alleges that you have a monthly salary and you refuse to submit your salary slips even after asked by her it could be treated as suppression of your actual income from your part, which is a principle under provisions of law " adverse inference" which can go against you.
Your wife can also move petition in court seeking an order asking you to produce salary slip or income tax returns.
If you agree that you have sufficient means or whatever they claim then court will not pursue you to submit the documents of your income
1. Your wife can file application for maintenance for herself and her two children. The maintenance awarded is normally within the range of 1/5th to 1/3rd of monthly net earning of the husband,
2. No problem for the wife or the Court. The Court will direct the employer of the father to submit details of annual salary of the father or I.Tax department to submit copy of the I.T Return to the Court. Court will certainly give such order if it gets doubt that the father is concealing facts in connection with his salary.
1. Maintenance for children can be awarded under GWA. The quantum has to be fixed by the court by taking into consideration the factors such as the age of child, employment and social status of the father and mother and the needs of the child. Since children are aged 6 and 2 years respectively the maintenance may be 20,000 a month.
2. The immovable properties and EPF and PPF schemes are hardly considered by the court while factoring in the capacity of the parent to provide for the welfare of his child. The court can pass an order to direct him to furnish the salary slips and IT returns.
Dear Querist
My opinion on your queries are as under:
1) Can the court award maintenance under GWA for the children? Is it allowed or normal practice to order maintenance under GWA act? If yes, then what could be the amount and how is it calculated. Children are 6 and 2 years of age.
Opinion: Normally the court has not granted maintenance in GWA proceedings but if the court think fit and proper for the welfare of children then there is no bar, the court may grant a reasonable amount as maintenance for children.
2) if the father refuses to divulge his payslips/income (or income tax returns) then is it a problem? Can he show his immovable properties and retirements benefits (EPF & PPF) to prove he has sufficient means than the wife and in-laws. Can the court force him to divulge his payslips or IT returns which is very personal thing.
Opinion: For the welfare of the children the court may do all things.
Feel Free to Call
Hi, it is the duty of the husband to maintain his wife and children so normally court will grant maintenance to wife and children, The quantum of maintenance may be differ from fact and circumstances of each cases, normally while granting the maintenance income of the husband and his social status will be considered by the court.
2. So it is the duty of wife to bring the notice of the court about the financial status of the husband and she may call for salary slip of husband through process of the court also.
Respected Members - thank you for your answers. One last query - I am submitting a child custody petition under section 7 & 25 along with affidavit. Along with petition I have also applying for interim custody u/s 12 and a separate affidavit and application. Now in my next date can I submit one more application u/s 12 for visitation. I want to apply for visitation in the format prescribed by M.P and Bombay HC. Can I make multiple application in each date to court? Or shall I have to wait till my interim custody application is heard and if rejected then I can submit.
First of all you should understand that the interim custody is a different subject to that of visitation rights.
The interim custody shall be decided based on the merits of that application only.
The application for visitation rights as an interim relief shall be decided on the basis of the pleadings made in the application for the purpose.
Therefore they both are two different subjects to be dealt with separately.
The court cannot refuse or reject your application for visitation rights just on the grounds of an application already pending on different ground.
If the court is rejecting or dismissing the application for visitation rights, you may prefer a revision petition against this judgement/order before the high court
you should wait for decision on your application for interim custody to be decided by the court . in the event your interim custody is rejected you can pray that you be permitted visitation rights
First of all try to get an order from the trial Court if trial court reject your application then file revision/appeal before The High Court.
1. No No. You can certainly file multiple applications with different prayers and the Court will either hear the applications or fix a date for hearing of the same,
2. You are certain to get visitation right whereas decision about interim custody may take longer time. So, it will not be prudent on your part to wait till interim custody application is heard/disposed of.
No, you can not file multiple application praying for same reliefs.
You are at liberty to file a fresh application for visitation. The format has to be in accordance with the rules made by the jurisdictional HC. You cannot pick and choose depending on your liking. Multiple applications can be made but they will destroy your case.
Hi, you have every right to file an application before the court. You need not wait for till disposal of the application.