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s manan (na)     15 August 2010

maintenaing child father link for good

hello, May I seek suggestions:

 

My friend is  has no job.

His child, born by first wife,  lives with her . For last more than 5 yrs, they are away.   now he got a petition filed by his first child , now 14 yrs, asking for maintenance under IPC 125.

He wants good relation with his child.  But, his first wife doesnt. She makes above 40000/pm

His first wife is yet no married. He did not have and divorce decree from court except mutual understanding.

--can she ask for child maintenance? how much maximim?

--what if he cannt pay?

 

 

 

 



Learning

 3 Replies

s manan (na)     19 August 2010

Thanks .

He is NRI but for about last 2 yrs he has no job. No earning in India or abraod. His second child is just a few months old born to second wife....

As he does not have any decree of divorce. At the time of second marriage he did not have indian citizenship, though now he is OCI.

His second wife is Indian( not working)

---He is unable to attend the court on the given date. Will he get another reminder to attend on another date OR he will get order to pay....

 

---If he could not pay, wht will be punishments? could u pl suggest. Thanks

Can anyone suggest how can he save his savings for the favour of his newly born child who will be in more need, though he still wish to support his first child whtever could be possible

thanks you..

 

 


(Guest)

1. First child from first wife minus any decree in hand is bound to get support from able bodied father be it in India or overseas.


2. Your incapacitation will be considered by Court if you may choose to appear before the Court. If non appearance then ex Party Order may be passed followed by its execution and if still non payment then attachment of property whatever first wife manages to show will be ordered and still if no show then Jail term for each month defualt will be proclaimed. All these are endless procedural parts and currently being tried in your absence so I can't make much comment out of them.


3. Second child maint from second wife in the absence of first wife valid decree of divorce is more necessary and important and having a thought (now) to even look after withinyour savings means as mentione din yoru second post is a stop gap thought. If you really care for yoru first child then offer yoru say before the Court by way of statement and let first wife accept or conntest the same and both of you come to reasonable compromise which is legal before the eyes of law is the solution to these contentious problem in hand.

 


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