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Anandakumara MB (Lawyer)     16 December 2010

maintenance

The person married as per the Hindu marriage law  and had 2 daughters. Unfortunately she expired due to Brain tumer and certificates all showing the same. The 2 kids are taken by the Girl's father and now asking for the maitenance.

He wants the childrens back and he will take care, but they filed case to ask maitenance.

How we can proceed to take children's back and avoid giving maitenance.???

He is got another  marriage,  is it give any issues??

Mariigae has happen after the expire of the first wife.

 



Learning

 1 Replies

Triloknath l pandey Adv. (Legal Officer.)     16 December 2010

According to the hindu marriage act if the wife has expired leaving behind two children and after his death the husband has undergone into another marriage  in that case the family court is the higher authority to decide whether the father of deceased daughter or the husband of deceased wife is entitiled to keep the child for their better future and if the court decide that the husband is not entitiled to keep the child in that case father of deceased daughter can claim  maintanenace from the husband of decesed daughter. Hence to avoid maintenance the husband has to prove himself before the court of law that he is the only person who can provide their child a good and better future.


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