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sameer   09 August 2023

If court refuse custody and access to father , can court demand maintenace from father for daughter

Father not seen his child for 8 years due to shrud behaviour of mother . No case in the court is there till child attain 9 years , Then father want to see a child , mother file NC on father denying him access. In this scenario is  court refuse custody and access to father , as he not seen a child for 9 years and even not paid for maintenace as no court case is there. and when he paid , mother refuses the maintenance .

In this scenario, if court refuse custody and access to father , can court demand maintenace from father for daughter ?

second scenario, what is remedy to father if he pays the maintenace, acan he get acees to daughter.
 



Learning

 4 Replies

T. Kalaiselvan, Advocate (Advocate)     09 August 2023

Paying maintenance to the minor child is totally different subject to that of the child custody.

You can very well file a child custody case and ask for visitation rights to visit the child.

In the maintenance case also you can request the court to direct her to bring the child to court in order to enable you to meet your child and have some quality time with the child

Real Soul.... (LEGAL)     10 August 2023

Courts never restrain either of parents from meeting with child except under extraneous condition of any threat to the child and that is rare of rarest. You are judging the case in your own ways and apprehensions. Why would you be away for eight long years without meeting the child and suddenly your emotions are awoke to meet your child?

The maintenance is different aspect of the case and a father has to maintain its children in anyways. If your wife filed for maintenance you have to pay that from the date of application.

P. Venu (Advocate)     19 August 2023

You are posting very many a query with some tweaks in the facts. Please post real issue, if any, completely disclosing the complete material facts.

sameer   25 August 2023

My in laws and wife has given me a threat and even after the long period of 8 years ,  when I want to meet my daughter they are not allow me to meet. and also wife filed a NC in a police station restrain me to meet my daughter. Also given me a threat that court is anyway given her a custody of daughter and she can do whatever she want along with daughter if I do anything. The sane is also inform to police station. But police refuse to file complaint on wife .

 


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