Guest
(Querist) 15 November 2012
This query is : Resolved
Husband abandoned wife and kid 4 years back,divorce case is running in family court. So far husband has not filed any child visitation or custody case nor spent a single penny on child in last 4 years.What rights of child are on father who abandoned the child. Father is NRI and live outside India has property in India and out of India. abandoned kid is also born out of India and have foreign passport.
Devajyoti Barman
(Expert) 16 November 2012
The children have right to maintenance from their father.
Raj Kumar Makkad
(Expert) 16 November 2012
Such child has equal right in the ancestral property of his father and now he has right to maintenance and father his father, he is legal heir of his father and can inherit his estate.
Guest
(Querist) 18 November 2012
so far mother of child has not filed sole custody in the above case and no maintence for child as mother is working. asking is what mother should do? child is foreign born has foreign passport?
Shonee Kapoor
(Expert) 20 November 2012
The child is entitled for maintenance.
Also, the child is a foriegn citizen does not preclude him from filing the maintenance case, as he is in the care of the mother.
Shonee Kapoor
(Expert) 20 November 2012
However, a question which you have to keep in mind, how would the same be enforced against the father, who is not in India.
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