• Child maintenance after re-marriage

Hello Sir - I got divorced in Aug 2013 and have a daughter who is currently 11 years old. I got remarried a couple of weeks back and my husband now wanted to adopt the girl child from my first marriage. However, my first husband/biological father refused to sign on the adoption deed. I have not asked/taken any compensation during the divorce proceedings. I am now getting suggestions from my friends/family that I should file a child maintenance case and recover some money from my first husband as they believe that he is refusing to sign since he has no responsbilities and is behaving as per his whims/fancies. I am spending about a lac rupees a year towards the child's school fees and other expenses. My daughter goes to their house every 2nd Saturday and comes back the next day. My 2nd husband is earning decently and can afford the child's education expenses easily.

Can you please let me know if its advisable to file a child maintenance case now. Am I going to get a decent amount as compensation or is it not worth taking the trouble. Also, are there any other options to get adoption since the natural father has not done anything for the child, but is refusing to sign the adoption deed.
Asked 10 months ago in Family Law from Bangalore, Karnataka
Religion: Hindu
1) since both biological parents are working it is the joint responsibility of both parents to maintain the child 

2) make application to court to direct husband to pay for child maintenance 

3) under provisions of Hindu adoption and maintenance act consent of biological father is must to give child in adoption 
Ajay Sethi
Advocate, Mumbai
27370 Answers
1488 Consultations
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1) biological father has to maintain the child pay her school fees and other expenses 

2) your second husband is not liable to pay for child maintenance 

3) since you are not working make application to court to direct biological father to pay for child maintenance
Ajay Sethi
Advocate, Mumbai
27370 Answers
1488 Consultations
5.0 on 5.0
If the issue of child maintenance has not been decided till now then you are free to file for maintenance for and on behalf of your daughter as maintenance of daughter is the joint responsibility of both parents.In so far as child maintenance is concerned it is immaterial that the matrimony between you and your husband stands dissolved as the legal relationship between children and parents does not cease to exist after divorce. 
Ashish Davessar
Advocate, Jaipur
19611 Answers
507 Consultations
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Yes why not. Just as you can seek maintenance for the child he too can file a petition for child custody to seek enhanced visitation rights. 
Ashish Davessar
Advocate, Jaipur
19611 Answers
507 Consultations
5.0 on 5.0
1) biological father can seek more visitation rights 

2) court would grant him access to the daughter during weekends and school holidays 
Ajay Sethi
Advocate, Mumbai
27370 Answers
1488 Consultations
5.0 on 5.0
Can you please let me know if its advisable to file a child maintenance case now. Am I going to get a decent amount as compensation or is it not worth taking the trouble. Also, are there any other options to get adoption since the natural father has not done anything for the child, but is refusing to sign the adoption deed.

Since your ex-husband refused to give adoption of your daughter to your spouse, you cannot force him to do so because he is the biological father and he only has rights in your child. However since your child is being maintained by you, you can seek her maintenance expenses through court under section 125 cr.p.c.
The adoption without his consent cannot be done hence better convince him and get the same .
T Kalaiselvan
Advocate, Vellore
17525 Answers
165 Consultations
5.0 on 5.0
1. The natural/biological father does not have a proper job.
2. I (the mother) am not working.
3. My 2nd husband is working and earning a decent amount.
Can you please let me know your response in light of this new info.

For taking adoption of the child, the adoptive father has to get the consent of the biological father.  It is mandated by law.  The capability of the adoptive father to maintain the child will not be a sufficient ground for claiming adoption and he cannot force the same for this to adopt the the child without the consent of the biological father.
T Kalaiselvan
Advocate, Vellore
17525 Answers
165 Consultations
5.0 on 5.0
Can the biological father ask for more visitation rights to the child after agreeing to pay the maintenance. I am worried that once I demand child maintenance, he can ask the court to grant more access to the girl child. Right now, the child goes to their hours once in a month during the 2nd weekend.

Asking about more visitation rights or child custody itself is his choice and right, you can challenge the same on the basis of the facts and other issues before court. 
T Kalaiselvan
Advocate, Vellore
17525 Answers
165 Consultations
5.0 on 5.0

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