Can a child ask for maintenance when she becomes major post MCD
2 years ago
Going through mutual divorce. Wife has agreed that she won't claim further for herself and on behalf of child after taking the decided alimony and child future maintenance during divorce. Still I have few doubts.
Questions -
1. Though my wife has agreed that wife won't claim anything else after divorce "" on behalf of my kid "", I want to know can my kid still claim when she is minor ?
2. Can my minor kid go to court and file a case for child maintenance with the help of someone else from my wife's family( like relative uncle or aunt ) as my wife has agreed that wife herself will not claim futher on my child behalf ?
Please clear my confusion.
Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
A.As per Law read with latest Rulings of the Hon'ble Courts,If your child is daughter,then she is entitled to claim maintenance from her father till the date of her marriage,however,if your child is son then he is entitled to claim maintenance form his father till the date of attaining the age of majority .
It is pertinent to mention that your kid even at the time of minority through his/ her natural guardian being her mother or in the alternative taking the leave of the Court to appoint any other person as the guardian of that child can claim maintenance from you and the Court will take liberal,considerate and sympathetic approach to provide justice to that child.
Please further take note that after attaining the age of majority,your child himself/ herself can claim maintenance from you for those period from which you are not providing maintenance and the Court will take liberal,considerate and sympathetic to provide justice to that child of broken family for the payment of arrear maintenance charges and in case of daughter for monthly maintenance till her marriage or for one time lump-sum payment as claimed by her considering her claim not only in preview of your monthly but also for the decent livelihood of your son/ daughter which includes education cost, medication,fooding and all other associated costs and in case of your daughter,the approximate cost for her marriage.
Another thing I have to specify that if your wife marries some other person in future and if that person adopts your child as his child following the Laws of adoption,then from that date of adoption,the child will not be entitled to claim anything from you.
You can read about importance of MoU in case of MCD in this blog here https://www.vidhikarya.com/legal-blog/importance-of-mou-in-mutual-divorce
Pardeep Kumar Dhiman Dhiman
Responded 2 years ago
A.Sir if you are going on mutual divorce. Mutual divorce is settlement. Your wife claims one settlement.
Minor children claim the maintenance to you.
Vaidehi Samant
Responded 2 years ago
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
A.Hi,
The guardian of the minor daughter can seek to additional maintenance or enhance the maintenance amount in favor of your minor daughter. Further, the daughter can claim maintenance from her father till the time she remains unmarried, provided she has to plead that she is unable to maintain herself. To seek or enhance maintenance, when the daughter is minor, the application has to be filled by the legal guardian of your daughter.
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Your daughter can claim maintenance from you till the time she is unmarried, provided that she pleads and proves that she is unable to maintain herself. If she is minor, then the maintenance case would be filed her guardian on her behalf, i.e. her mother.