• Maintenance for minor girl child

I have been granted divorce.my lawyer earlier promised to help me get the maintenance for my minor girl child now says that court order just talks about the divorce so a fresh case have to be filed in court for maintenance.When i was very much hoping to get maintenance why my lawyer argued about it in court.Now he is asking another case fee to get the maintenance.Earlier he said that he filed the case for child custody,divorce and maintenance.
Asked 10 months ago in Family Law from Bangalore, Karnataka
Religion: Hindu
1) if your lawyer in divorce case had sought maintenance court would have passed for maintenance of the child 


2) it is necessary to  peruse order passed by family court in this regard 

3) if no order is passed you would have to file separate application for maintenance 
Ajay Sethi
Advocate, Mumbai
23195 Answers
1218 Consultations
5.0 on 5.0
Your lawyer is right. For maintenance you are required to file a separate case, for which he has to be engaged separately i.e you have to sign the vakalatnama in his favour and pay his fee. In divorce and child custody case you do not get maintenance.
Ashish Davessar
Advocate, Jaipur
18088 Answers
448 Consultations
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A Court intervening under the Hindu Marriage Act undoubtedly has the power to grant permanent alimony or maintenance, if that power is invoked at the juncture when the marital status is affected or disrupted. It also retains the power subsequently to be invoked on application by a party entitled to relief.  

You have to file a separate petition for getting maintenance.Your lawyer is right. But the petition for divorce ,maintenance and child custody can file at the beginning stage of  litigation for avoiding delay. 
Ajay N S
Advocate, Ernakulam
1911 Answers
19 Consultations
5.0 on 5.0
Hi 
If the court has not granted maintenance of the child, it is surprising. Need to check your prayer and decree. Either the maintenance is granted or denied. If it is silent, inspite of you asking for it, then you need to file a revision petition right away.
Rajgopalan Sripathi
Advocate, Hyderabad
868 Answers
43 Consultations
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Your lawyer has actually misguided you properly.  The divorce case is different to that of the maintenance case and the child custody case. For maintenance amount to  child, a separate case under section 125 Cr.p.c. is to be filed in the same family court. Child custody is another separate case.  
If you have lost faith in your present lawyer, you may better engage another lawyer, as it is the present lawyer shall be charging you fee separately for the child maintenance and custody cases, so better engage a good lawyer who shall take care of your legal requirements properly. 
T Kalaiselvan
Advocate, Vellore
13984 Answers
127 Consultations
5.0 on 5.0
1) you can apply for maintenance, custody and divorce in one petition only 

2) if both husband and wife are earning both have to pay equally for child maintenance if there is no difference in their income
Ajay Sethi
Advocate, Mumbai
23195 Answers
1218 Consultations
5.0 on 5.0
All the subjects you refer i.e., divorce, child custody and maintenance are under different provisions of law, hence all are different subjects.  Though you file all of them together, they will be treated as separate cases only.  
The divorce shall be filed under the provisions of Hindu Marriage Act, child custody case under Guardians and Wards act, child maintenance under HAMA or 125 Cr.p.c. So they are to be filed separately though in the same family court and simultaneously.
Your earnings shall be a question of argument while the maintenance case for your child's maintenance is heard by the court, so there is nothing wrong in filing it , let the court decide based on the merits and arguments presented before it by both the parties. 
T Kalaiselvan
Advocate, Vellore
13984 Answers
127 Consultations
5.0 on 5.0
No he cannot. You can claim maintenance for your child even if you are earning as much as your husband. Maintaining the child is a joint responsibility.
Ashish Davessar
Advocate, Jaipur
18088 Answers
448 Consultations
5.0 on 5.0
All the reliefs are comes under different section of different law. For example All the hindu spouses who have been married under the provisions of the hindu marriage act,1955 then they  entitled to seek a decree of divorce under section 13 of the hindu marriage Act, 1955 .A Court intervening under the Hindu Marriage Act undoubtedly has the power to grant permanent alimony or maintenance, if that power is invoked at the juncture when the marital status is affected or disrupted.

In the case of maintenance the procedure taken by the court for passing order is different than a divorce case.  So better to file different petition which also enable to decreed easily and avoid much complications. 

Your child is eligible for getting maintenance amount from her father. 
Ajay N S
Advocate, Ernakulam
1911 Answers
19 Consultations
5.0 on 5.0

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