How to avoid maintenance

 First simultaneous proceedings under S. 26 HMA and under provisions of GWA act is barred by Law. You have to disclose this to either court and get one withdrawn and then only is able to continue with one suit for custody. Do withdraw one before her side's advocate points out at crucial moment and you get depressed later on !

Now for your two questions;

1. Maint. to daughter till decision on her permanent custody is independent rights of daughter via her guardian on whose behalf maint. case was filed.
You have already filed for custody rights by invoking two petitions simultaneously so you are within your rights till decision of the Court favours you with custody, but till then you have to meet the maint. for a child if and when it gets awarded. However child maint. are always co-extensive means both parents have to bear that.


2. Financial capacity to claim custody by guardian / natural guardian are one of the factors within preview of S. 17 GWA under which consideration during trial is made as to who among the two is fit parent to grant custody. By mere asking maint. that can always be brought as adverse argument point in GWA and or in S. 26 HMA proceedings but is a controversial sole criteria to give custody to you as per few State HC’s views.