LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Women fighting for self (studing)     20 May 2010

Can i claim for maintainnance of my daughter

My husband sufferieng from schezopheria. HE is not ready to take Treatment and day by day his mental disorder is increasing. I am not staying with him from last 5 yrs. He has not maintained me or my daughter. I have filed case for Divorce recentle. I want to get maintainnance for my daughter or some amount to be kept for her Future.



Learning

 10 Replies

Arup (UNEMPLOYED)     20 May 2010

YES YOU CAN.

u/s 125 crpc;

u/s 24 of the hindu marriage act - as yr divorce case going on - you pray at that court.

yr husband is also in a pityful condition - please look her also, if possible.

Munirathnam (Scientist)     20 May 2010

Women fighting for self,

Please do not put your husband in legal fear, being he is already in ill condition.

Try to help people, it not do not make tem suffer. Please bee like good mother as well good wife.

Give him some peace of mind....

raj kumar ji (LAW STUDENT )     20 May 2010

no this is not right .he want's ur coparation and u take care of ur husband now he is totaly depand on u ? as well u know very well his condition ?i know ur problem but ,shayad nari ka janam hi isliyae hua hai ki wo apnae dukh ko daba  kae apnae parivaar ko khusi deti hai ?

Women fighting for self (studing)     20 May 2010

My inlaws not allowing me to cure him else they want me to stay and just do the labour work... he or his parents do not have affection for my daughter and have not seen her from 5 yrs. then you tell me should i stay with ppl like this who do not care for my daughter.  I am MOTHER first and then,,,, any other relation comes in picture.... thats my first duty towards her.

After lot of requests also... my father in law is nor ready to provide any permanent income source. If this is case how do i bring up my child. In these 5 yrs my husband or any of his relatives have not visited to see my daughter not given one single paise.

for those who say support him ---- HPw can I support him in this situation . u suggest

Munirathnam (Scientist)     20 May 2010

Being you are asking for your daughter, I can not say not to ask money, but request you not to drag him to court, he may die ...that may bring bad name to you and your daughter. I believe you are good mother. Try to manage your self. Do not worry about your girl, she will be fine. As per your post you are looking for your daughter future and wants to save money.... God is there hence still rain is falling. You forgive people god definitely save you. Just be a good mother for your girl at all times in all aspects (including understanding girl father, his health etc.) even she is given all what she needs.

Women fighting for self (studing)     20 May 2010

Sincerely i never wanted him to drag to court, and so only iasked for mutual consent divorse, but my Father in law is against it , even though he was ready, my FIL is not ready for it, and my husband will do wat his father will say. So only i had to go to court and file the case for Divorce and Maintainance

DR.SANAT KUMAR DASH (Eye Specialist)     20 May 2010

you    should   keep  u'r  husband  with  you  in  a  separate   house.  As  he  is   a  Schrizophenic,   he  needs   u'r   service.  As    husband  is   first,  then  daughter...........so  give  equal  love  &   affection  to  both.  Please  don't  drag  u'r  husband  to  court  for  Divorce.

Arup (UNEMPLOYED)     20 May 2010

you protect your own interest first. i understood you already set yr mind.

what is the source of income of you and yr husband - decide it first. because it will require for claim.

take help of one local lawyer


(Guest)

1. Emotions and sentiments are always there but one can always judge HER with CHILD Vs HIM in medical state in a balance way instead of tellign this lady she should not drag HIM at this medical stage to Court. It is not her fault but one side duties comes and another side rights comes though she is polite lady (legally said reading her brief) so far but then she has to make a call for future of their daughter too whre rights of child overshadows statutory rights of couple...right !
2. You have not told us what is your monetary condition all these 5 years? Who are there to support you in YOUR OWN family?
3. Your brief points to question of financial security for your daughter hence it made you act inspite of your mind not intune to act in THAT WAY as mentione din your brief but socital pressure and worries of future for female child resulted into maint. suit for child n court (MCD) case. But there is always a way out. That is to ask family court to bring inlaws into fold of councelling more than HIM at this stage and via councelling make them understand mediation the needs and rights of their granddaughter first then you as their DIL however you may if you feel average sound for your self forgoe your rights for maint. but there has to be some financial security for granddaughter.
4. You should also tell us if this case is in a proper family Court or matrimonial court bze both working and resolving marital issues style are different.
Many of you may not subscribe to my above paras but then marriage also brings sacrifice but only to extent of husband and wife not that you sacrifice your child (children) also into it why ask lady fate to pass on to child too.
Unfortunate case, but I believe with balance of mind you will succeed in seeing the right light for you two's only child future.
Rgds.

1 Like

raj kumar ji (LAW STUDENT )     21 May 2010

i agree with arup kumar ji


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register