Maintenance to child of govt. employed mother
Samir Kumar Mondal
(Querist) 13 January 2011
This query is : Resolved
I failed a divorce petition u/s 13 (1) of HMA on 03/11/2006 but she (my wife) not yet filed written statement. On 23/10/10 she filed a petition for maintenance of Rs. 6000.00 p.m. for her 5 years old girl child who is now her custody. My monthly salary is Rs. 22,000.00 (approx.) and her salary is Rs 24,000.00 p.m. and I have to maintain my mother, retired father and unemployed two brothers, one of them a student of LL. M. She have to maintain her mother and the said child. My take home salary is only Rs. 10,000 p.m. and I guess her take home salary will be more than that. My question is if she is eligible for get maintenance? Please help me.
Rohtash Babu Patel
(Expert) 13 January 2011
You have to pay maintenance to the girl child of yours, She will also get maintenance under Section 24, but quantum could be less.
Vijayendra Navale
(Expert) 13 January 2011
You have to plead in evidence that she is Govt. employee. If possible file her salary slip.Any how u have to pay maint. to u r child.
Khaleel Ahmed Mohammed
(Expert) 13 January 2011
Court will allow her claim regarding the maintenance of your minor daughter who is under her custody.It is the duty of father to maintain his children as per law.
Kirti Kar Tripathi
(Expert) 13 January 2011
you are bound to maintain your child under the law, but since your wife is also earning hand, your liability can be reduced, in case you put your case properly. but you have to pay some maintenance to your Daugherty.
Devajyoti Barman
(Expert) 13 January 2011
No your wife s not entitiled to any maintenance but the you have contributory liability to the upkeep of the child.
adv. rajeev ( rajoo )
(Expert) 13 January 2011
your wife can seek maintenance for minor child but being govt., employee she cannot seek maintenance for herself.
Amit Minocha
(Expert) 14 January 2011
Agree with Mr Tripathy
R.venkatesh Naidu
(Expert) 20 January 2011
if the wife is a earned person, you need not pay maintenance to herself and you can challanage it. But any way, you should pay the maintenance to the child. it is mandatory.
