Regarding child support
3 months ago
Me & my ex-husband divorced in Belgium in 2016.We have daughter together.He is Belgian Citizen & has OCI card.I am Indian citizen.He isn't paying child support.How to take legal steps in India
A.Dear Client,
In the case of mutual consent divorce decree, the decree granted by a Foreign Court is considered to be legal, valid, and binding in the Indian Courts under Section 13 and Section 14 of the Civil Procedure Code, wherein Section 13 enumerates the condition when a foreign judgment would not be considered valid and in case a foreign judgment of divorce meets the condition of Sec.13 CPC then it is enforceable in India. In India, both parents are responsible for providing for their child’s needs, including financial support. However, the parent with custody of the child typically receives child maintenance alimony from the other parent. Under the Hindu Minority and Guardianship Act 1956, the father is the natural guardian of a Hindu minor. However, the mother becomes the natural guardian when the father is unavailable or cannot fulfill the responsibilities. In such cases, the mother is entitled to receive child support from the father. Under Indian law, child maintenance alimony is the obligation of both parents to provide for their child’s needs. The parent who has custody of the child is responsible for the child’s day-to-day care. In contrast, the non-custodial parent must contribute to the child’s financial support through child maintenance alimony. In case the child stays in India with the mother who is an Indian Citizen, the wife can claim maintenance from her husband after divorce, not only for herself but also for her child/children if she is unable to sustain herself and them financially. Reach out to an Advocate for guidance and steps.
In the case of mutual consent divorce decree, the decree granted by a Foreign Court is considered to be legal, valid, and binding in the Indian Courts under Section 13 and Section 14 of the Civil Procedure Code, wherein Section 13 enumerates the condition when a foreign judgment would not be considered valid and in case a foreign judgment of divorce meets the condition of Sec.13 CPC then it is enforceable in India. In India, both parents are responsible for providing for their child’s needs, including financial support. However, the parent with custody of the child typically receives child maintenance alimony from the other parent. Under the Hindu Minority and Guardianship Act 1956, the father is the natural guardian of a Hindu minor. However, the mother becomes the natural guardian when the father is unavailable or cannot fulfill the responsibilities. In such cases, the mother is entitled to receive child support from the father. Under Indian law, child maintenance alimony is the obligation of both parents to provide for their child’s needs. The parent who has custody of the child is responsible for the child’s day-to-day care. In contrast, the non-custodial parent must contribute to the child’s financial support through child maintenance alimony. In case the child stays in India with the mother who is an Indian Citizen, the wife can claim maintenance from her husband after divorce, not only for herself but also for her child/children if she is unable to sustain herself and them financially. Reach out to an Advocate for guidance and steps.
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