• Enhancement of maintenance of child

My husband deserted me and my son in 2012 March when my son was only 1 year old .
My husband and in-laws were harassing me for dowry for which I filed a 498a case in Nov 2012After that 2013 I filed for maintenance for my son and in september 2014 he filed for divorce.


I got divorce on 4th feb 2015 at Bangalore . 498a Case is also closed .At that time I was working and earning Rs 40000 per month .I did not ask for any alimony or maintenance.I have a 5 years old son in my custody for which court has granted yearly Rs 1 lakh  per year as maintenance .

Now , due to divorce depression and multiple health issues i quit my job on Dec 2015 and decided to go to my native place in Imphal.

My ex- husband got married again in 2015 after divorce and now he is avoiding my son . He is not taking my son for visitation for 3 months which he has agreed in the divorce decree.
He is not calling my son and alos blocking my call and doesn't want to talk to his son  due to which son is also mentally affected.He has not disclosed where he is staying also so don't know his address.

Since I'm not working anymore I wanted to know whether after going back to my native in Imphal ,can I file enhancement for the maintenance for my son from Imphal instead of Bangalore.

Further , is there any option that he can take my son for visitation or he can regularly/weekly talk or meet  my son  since he is also going in a depession . Actually my son is also suffering from kidney functioning issues called duplex moiety.

Kindly advice.
Asked 7 months ago in Family Law from Bangalore, Karnataka
Religion: Hindu
1. On account of change in circumstances after the divorce decree you may apply to the court to enhance maintenance for your son. The purchasing value of money has to be taken into account by the court while enhancing maintenance. It has to include expenses to be incurred on the basic needs of your son, medical expenses and also education.

2. Visitation has to be strictly in accordance with the court order. 
Ashish Davessar
Advocate, Jaipur
18264 Answers
450 Consultations
5.0 on 5.0
Since I'm not working anymore I wanted to know whether after going back to my native in Imphal ,can I file enhancement for the maintenance for my son from Imphal instead of Bangalore.

You can file a petition for enhancement of maintenance but that can be filed ion the same court where it was originally granted and not in a new place. 
Alternately you can file the enhancement petition in that court and can file a petition before supreme court to transfer this case to Imphal,Manipur.


About your ex-husband not visiting your child, the law cannot force him to visit his son against the ex's wishes.  It is purely his own choice and wish. 
T Kalaiselvan
Advocate, Vellore
14170 Answers
128 Consultations
5.0 on 5.0
He is working in a reputed MNC .He has not provided any medical card against my son's medical treatment /expences.How to approach so that he can provide me my son's medical card.He is not responding to email also.

If you are knowing his office address, you may write to him or issue a legal notice o him to his office address itself seeking the desired relief especially highlighting your son's medical condition and ailments. A copy of this may be endorsed to his employer too with a request to intervene in this matter on humanitarian grounds to save the life of the minor child. This may bring some relief and respite to you. 
T Kalaiselvan
Advocate, Vellore
14170 Answers
128 Consultations
5.0 on 5.0
1) it is better you file for enhanced maintenance  in Bangalore in court which passed order of maintenance 

2) you cannot force your husband to meet his son 
Ajay Sethi
Advocate, Mumbai
23392 Answers
1229 Consultations
5.0 on 5.0
Hi, you can file a petition under section 125 of the Code of Criminal Procedure for maintenance in your native place also.

2. It is the duty of the husband to maintain his wife and children so he has to pay the maintenance to you and your wife.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
Dear Querist
You may file an application before the court who passed maintenance for enhancement of maintenance for child and also claim maintenance for your self 
Or you may file a maintenance petition against him in Imphal court but before that try to get his address otherwise all proceedings will go in vain and no fruitful result will come.

Nobody force him to visit the child or call him legally.

Feel free to call
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
131 Consultations
4.9 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Family Lawyers

T Kalaiselvan
Advocate, Vellore
14170 Answers
128 Consultations
5.0 on 5.0
Ajay Sethi
Advocate, Mumbai
23392 Answers
1229 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18264 Answers
450 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
131 Consultations
4.9 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2797 Answers
41 Consultations
4.9 on 5.0
Atulay Nehra
Advocate, Noida
444 Answers
15 Consultations
4.7 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
873 Answers
43 Consultations
5.0 on 5.0
Ajay N S
Advocate, Ernakulam
1918 Answers
19 Consultations
5.0 on 5.0