CHILD GUARDIAN NAME OF NATURAL FATHER IS REMOVED...

Querist : Anonymous (Querist) 27 January 2011 This query is : Resolved
HELLO EXPERTS.

MY CHILD IS ADMITTED IN SCHOOL BY MY EX-WIFE UNDER HER SECOND HUSBAND NAME AS GUARDIAN OF CHILD, MY NAME IS NOT GIVEN AS GUARDIAN NAME, INSPITE OF THAT I WAS PAYING MONTHLY MAINTENANCE TO HER FOR MY CHILD SINCE LONG U/S125 CRPC.
NOW I WANT TO RESIST THE CLAIM OF MY CHILD TO HER, AS SHE HAS NOT GIVEN MY NAME AS GAURDIAN OF CHILD (ONLY BIRTH CERTIFICATE OF CHILD WAS SUBMITTED WHICH CONSISTS OF MY NAME). THIS FACTS I COME TO KNOW RECENTLY AND NOW I WANT TO TAKE NECESSARY STEPS IN THIS REGARDS.

KINDLY ADVICE ME,
1. HOW CAN I STOP PAYING HER HUGE AMOUNT OF MAINT. TO MINOR CHILD, WHO'S GUARDIAN NAME WAS GIVEN SECOND HUSBAND NAME AND POISIONED CHILD MINDS TOWARDS ME.

2. ON THE BASIS OF THIS GROUND ALONE MAINT. TO CHILD BE STOPPED IF I PROVED THAT.

3.ANY OTHER ADIVCE OR CASE LAW IN THIS MATTER.

MY CONTENTION IS IF MY NAME IS SNACTED THEN WHY I SHOULD PAY TO HER FOR MY CHILD.

THANKS & REGARDS

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Devajyoti Barman (Expert) 27 January 2011
1. You can file a case to enforce yout right as a natural guardian but can not stop the maintenance.If you try to stop the maintenance then your case for guardanship would be further weakened.
2. Do
You should fight to get your identity remained attached with your son than trying to minimise cost to your son.Concentrate to get your son back when he attans majority than to take advantage of their defects.

Ajay Bansal (Expert) 28 January 2011
Agreed with Barman.

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