d dua (manager ) 18 July 2013

Maintenaance of 2 girl child -illegitimate wife

wife (never married ) and had 2 illigitimate girl children from husband ( girld child are 3 and 5 years of age now ) , she left for london and tried to took over property and money from husband business contacts inhusband name. ( fraud cases pending in the indian court) wife in question is moving around the world with kids and had second marraige in london without any information to first husband . now she is asking husband to pay maintenance to girl children . husband is incpabale to provide maintenance to girl children. Lower court passed the order to pay hafty maintenance sum. how can we re appeal in high court. ? can you sugegst with SC cititations. ?

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d dua (manager ) 18 July 2013

what is wife ( never married)? if husband didnt marry the female, then the female is not wife.

it was live in relationship in year 2006 ( illicit relationship ) .

what is illegitimate children? are u saying the the purported father is not the biological father?

he is biological father , children born during live in relationship.

why r u mentioning as GIRL children? a child is a child - let it be boy or girl.

noted your comments.

if point 1 and 2 is true, there will be 1000s of proofs to establish this in court of law. and they will be sufficient to appeal ( infact, i dont undersand in view of these proofs, why the trial court ordered in the first place. i am assuming the respondent was not sleeping and missed to share the proofs.)

can you suggest your expert advice now ?

Adv Archana Deshmukh (Practicing Advocate) 18 July 2013

If you are not disputing the paternity then, the father is liable to maintain his illegitimate children also. If you feel that the maintainance amount is exorbitant then, challange the judgment on the quantum.