Aradhay1111 (hotellier) 10 May 2016

Wife claiming for child maintenance, after moving abroad

Hi experts, hope this message finds you good.

After nine years of marriage, I was divorced on a mutual consent two years ago. All the maintenanceand alimony issues were setteled in writing.

I have a son, seven years old, whose custody remained with her mother and I only got the visiting rights. However, I was never allowed to meet him. Also, during the course of last two years my son had been adopted by her mother's parents and he was moved to a boarding school without even intimating me. On the other hand, she left India for good leaving my son behind.

I got married again and my wife(now) has a son from her last marriage, he is eight years old.

Since last few months, my ex has been threatening us by sending messages disrupting our personal and professional lives. Initially, her motive was to make me surrender the meeting/visiting rights so that my son can leave India too. However she failed in all her nasty attempts.

And now I got a message from her that I have been summoned for the child maintenance whehrin the petitioner is my son and not her as she is not entitled to claim any maintenance. The summon was sent to a wrong address where I dont live anymore making me miss the court hearing.

Please advise, what can I do to get over with all this as I have wasted several crucial years of my life running from pillar to post trying to sort out things. Now, I have a family to take care of, and this chapter started all over again. Being an individual, I can not pay maintenance and take care of my family at the same time.

I will be thankful for all your inputs.

Regards

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6 Replies

Dana Kayoni (Expert Humanitarian and Lawyer) 10 May 2016

Once having children and enter court with family or marital dispute its a never ending chapter. It will be like ravanas head, coming up again and again.

Legally, your kid can claim maintenance, till attain majority. If you already paid one time alimony, then too kid can claim, kid has right over your property and your ancestral property too. I am telling alal this in general, as no specific details have been provided by you in this regard.

By experience I can tell that your wife is just doing this to trouble you.

You can do lumpsum deposit in your kid name and see that interest goes to his account and you can over see transactions.

saravanan s (legal advisor) 10 May 2016

in the mou have you mentioned anything about child maintenance.if she had accepted that she wont claim maintenance for child in future then it will act to your advantage.also you had mentioned that the grandparents of the child had adopted your child without your consent.thats not legally valid and still you are biological father of the child

Aradhay1111 (hotellier) 10 May 2016

Thanks for the assistance.... By mistake, child maintenance clause was not mentioned in the mou. But i m just wondering if that's the duty of the custodial parent to inform the other party when the kid gets moved to another place Or the party herself moves out of the country without intimation. Another thing, what if i have a record of fb and wtsapp messages where in she threatened me to spoil my personal n professional life in best possible way of hers. Up to what extent these things can help me in the court of law.... Many thanks

Aradhay1111 (hotellier) 10 May 2016

Vijay Raj Mahajan (Advocate) 10 May 2016

The custody of minor child no doubt was given to mother but the father being natural guardian is supposed to provide maintenance for the minor till the age of majority. If till date she didn't ask for that or there was no mou made about your not providing maintenance for minor will not mean that now the child cannot seek it from you on monthly basis. When you were making agreement for child custody the issue of sole guardianship to mother and her complete responsibility to maintain the child should have been made. Mistake is with your lawyer who was inefficiently handling your case, engaging cheap, inexperienced and inefficient lawyers is result of such problems at later stage.

(Guest)

yes those messages will certainly help. Experts have rightly guided in other aspects. if you dont want to drag on the matter you may again enter into a settlement and give up the visitation and get out of this mess for once and forever.