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Deva David   20 July 2023

Child school fees under dv act

Under DV act - the order is passed against the unemployed fater to pay the School Fee for the child in a DV Case. The order doesnot stipulate the amount. Wife who is a income tax payee with income more than 1.5 lakh per month has filed the case to harass the husband. 

Presently the Father is unemployed. 

Mother has income more than 1.5 lakh per month. 

The properties of the Husband are in the custody of the wife and declaration suit is pending in front of the court. 

The child is studying in initernational school with a annual fee around 3 lakh Rs. 

What are the case laws which can help the husband ? what are the relief available? How can the husband seek court direction to change the school to affordable school? how can the husband seek court direction to share the financial burden with wife ?  i thank you in advance and also appreciate your time for reading and giving me guidence 



Learning

 2 Replies

Real Soul.... (LEGAL)     20 July 2023

Well if the child is in Mothers custody you are liable to maintain the child. Now as the court ordered to pay for school fee you should file appeal against that order and mention with proof about the situation you related here. Just inform court about your unemployment and seek financial help from your wife by way of application as she is earing good amount as you stated.

You must have the proof for her income, you can also request court for change of  school for the kid due to your unaffordable circumstances.

 

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     20 July 2023

Section 24 of the Hindu Marriage Act,1955. Maintenance Pendente lite and expenses of proceedings, A “deserving man" who lacks sufficient independent income to maintain himself and cannot bear the costs of the case may seek maintenance from his wife, If his wife can afford it.


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