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Legal service India => Divorce Laws => Topic started by: shambhavi on April 06, 2015, 11:20:46 PM

Title: maintenance for child of working mother
Post by: shambhavi on April 06, 2015, 11:20:46 PM
M a wkg mother with 70000 per month salary and my husband is earning 80000 per month..we are separated and on our way to divorce...the custody of only child 2 n half yr old is with me....will i get maintenance for the child.....m fighting for maintenance of child from my husband in the court.....
Title: Re: maintenance for child of working mother
Post by: advsarmaroy on April 07, 2015, 09:13:38 AM
Has your husband files for child custody?
the child is entitled to maintenance from both you and your husband, as both of you are bread earners
Title: Re: maintenance for child of working mother
Post by: vivekjoshi on April 07, 2015, 10:35:00 AM
Yes, The Child is entitled for Maintenance. Looking at your and your husbands salary, you will not get maintenance for your self but for child you will get. In cases like yours, the court will pass an order directing your husband to pay 50% of the expenses. The Expenses will include School Fees, Cloths, Bus Fees, Normal Maintenance amount etc. You will have to make a List of Expenses which you are inquiring and produce it before the court.

I hope that you have filed a maintenance application for your child. The child can get maintenance under Section 125 Cr.P.C  or the same can be claimed under Section 24 Hindu Marriage act and you should seek a permanent maintenance.

Apart from this you should seek mediation and get the matter settled mutually. You both can file your consent terms and decide.