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sandhya (None)     18 September 2014

Can a wife claim alimony for a minor son

I have been separated from husband since 6 months. He does not take any responsibility of my son since I am earning. He does earn some income but not willing to spend for son. Can I claim alimony for my son now although I am earning?



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 8 Replies

Happily Divorced (TL)     18 September 2014

Yes, but its not called alimony. Its maintenance share for the child.

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     18 September 2014

Yes, u can claim maintenance amount for ur son from his father. For further detail and any query u may call at 9871158578

Anil (salesman)     20 September 2014

One more thing a Wife can claim maintenance for  Major Son as Both son as well as she himself is working somewhere.

Please tell me. 

sandhya (None)     25 September 2014

Thanks a lot, Maanas and Rakhi

sandhya (None)     07 October 2014

What is the maintenance fee that can be claimed for the son in case wife is earning, without applying for divorce?

Adv. Chandrasekhar (Advocate)     07 October 2014

That depends upon :1. Status of the parties 2. earning capacity of the parents and 3. the needs of the child according to his social status.  After considering all the factors the court will come to certain amount shall be maintenance amount for the child and it will be divided between the mother and father according to their earnings.  If mother is earning 50 thousand and father is earning 1 lac and the child's maintenance is quantified  10 thousand, then mother has to incur 1/3rd and the father has to incur 2/3rd.

sandhya (None)     11 October 2014

Thank you so much Chandrasekhar Sir. What if in case, wife is earning 1 lac, husband is earning 30k and childs maintenance is 10k

Adv. Chandrasekhar (Advocate)     11 October 2014

As we are living in patriarchal society, the court inclines to opine that father has more financial responsibility for the maintenance of child and hence divide the ten thousand in equal shares and ask the husband to contributed about Rs.5000/-, even their earning capacity is varied.


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