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Author Topic: Maintenance for child  (Read 1324 times)

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Offline seekingjustice

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Maintenance for child
« on: July 01, 2015, 11:12:48 PM »
husband filed FIR against me and my parents, siblings.
under pressure asked to sign mutual divorce. first motion done, second due, in settlement he put this condition that I will not ask for child maintenance or will not file any other case. he kept all my jewellery and clothes/belongings. gave some cash for stree dhan.

now I earn 30000 per month
he is an NRI earning in dollars 5000 per month.

I do not want anything for myself, really.
But I feel really helpless and victimized that my son is deprived of his rights.
Pl tell somebody, what can I further do?
If I mail or sms my husband, no effecy as he is totally abandoned my child since birth.

Pl guide me.
Thanks so much



Offline advkkreddy

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Re: Maintenance for child
« Reply #1 on: July 02, 2015, 09:09:45 PM »
has he paid you any money as yet, child maintenance cannot be a clause, its the birth right of the child which even you cannot negotiate.

the father is duty bound to take care of the child, he cannot evade it based on some paper agreement.

by the way if you do not sign or appear in the second motion your husband won't get divorce.

first motion means nothing.

you get that disturbing clause deleted than only agree for second motion, and ask for child maintenance as a clause.
Champion in law of Torts in India

Offline rachis

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Re: Maintenance for child
« Reply #2 on: July 26, 2015, 10:22:10 PM »
hi,

i got divorce in 2013 feb and my ex husband has stopped paying maintenance since one year. the contract that we signed says he has to pay 25000 rs per month for child support and not ask for an account for that amount. There is no end date mentioned in the contract as to when he can stop paying. what are my options please advise.

Offline adv.amarnath

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Re: Maintenance for child
« Reply #3 on: August 14, 2015, 06:40:25 AM »
You said the your Husband is a NRI but you have not mentioned in which country presently he is residing. You must file a case under Section 125 of Cr.PC claiming for maintenance of your child and also for yourself. If your husband has a residence in India then you must give the address in the petition. So the execution of Maintenance order can be executed properly.

You must lodge a FIR against your husband under Section 498A and others relevant sections under IPC if possible. You can also file a case for getting back your stridan by issuing search warrant. Better, consult with a lawyer at his chamber not here due communication gap.

Regards,

Amarnath Sanyal
Advocate
09830303322

Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

Offline MaackkyJackky16

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Re: Maintenance for child
« Reply #4 on: August 28, 2015, 02:28:51 AM »
hi
welcome to this forum site,here you can find
 lots of things.I suggest you for your question you search to on Google,
i have no knowledge about your question sorry for that
-----------
May 2011 VISA BULLETIN PREDICTIONS
« Last Edit: August 28, 2015, 02:31:54 AM by MaackkyJackky16 »

 

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