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Maintenance

(Querist) 02 June 2019 This query is : Resolved 
My sister is divorced in 2018. Can we ask for maintenance for her and her 4 years old daughter.She is working now and we plan to have custody case for the kid also.
Lavanya (Querist) 02 June 2019
The kid does not have a birth certificate. How can we obtain birth certificate with mothers surname. If kid has to get maintenance is it compulsory to have fathers surname.
Vijay Raj Mahajan (Expert) 03 June 2019
Even a divorced wife is entitled to apply and get maintenance from the divorced husband if she has not remarried and has no means to maintain herself.
Child support is always open and maintenance of the child can be sought from the husband under section 125 CrPC along with the divorced wife or even independently through the mother.
The child custody is already with mother so she should seek sole guardianship of the child and continuation of the custody under the Guardians and Wards Act from the father of the child.
Two cases have to be filled in the Family Court in this case as mentioned above.
Vijay Raj Mahajan (Expert) 03 June 2019
Even a divorced wife is entitled to apply and get maintenance from the divorced husband if she has not remarried and has no means to maintain herself.
Child support is always open and maintenance of the child can be sought from the husband under section 125 CrPC along with the divorced wife or even independently through the mother.
The child custody is already with mother so she should seek sole guardianship of the child and continuation of the custody under the Guardians and Wards Act from the father of the child.
Two cases have to be filled in the Family Court in this case as mentioned above.
Vijay Raj Mahajan (Expert) 03 June 2019
Birth certificate of the child can be obtained by Registration of the birth with the Municipality of the district and the name of the father is now optional, that can be left and birth certificate with name of the mother is issued.
No need to use surname of father, there is no compulsion for using surname of anyone, the child can have her own name mentioned along with daughter of the mother only in school records.
Dr J C Vashista (Expert) 03 June 2019
What are the terms and conditions of divorce, if it is a mutual consent decree of divorce?
What is the opinion and advise of your sister's counsel, who have successfully got the decree passed ?
Nothing can be presumed in the absence of relevant case file.
However, both of them are entitled for maintenance even after divorce, if alimony was not full and final at the time of passing decree of divorce.
Lavanya (Querist) 03 June 2019
Thank you.
Lavanya (Querist) 04 June 2019
Dr J C Vashista, divorce was granted exparte to my sister. No alimony was granted as the person did not attend the case at all.


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