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Sandeep Sawant (Specialist)     26 September 2013

Child visitation with maintenance

Wife filed case doe divorce and maint in 2011.

Intrim Maint for wife rejected and awarded to child in April 2013 from date of application.

I filed for custody during summer holidays in May. I had paid maint for abt 6 mths and remaining was to be paid later. In June during argument the opp lawyer cited a decision

         'Unless the intrim maint due are paid, father cant have intrim custody'.

Meanwhile now wife left her job on record (but working in relative firm) and now appealed is in HC for maint. If the order comes in her favor It goes out of proportion for me and if same citation is forwarded, then I cant bring him for Dipawali.

Any help or citation to counter this??

 



Learning

 3 Replies

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     26 September 2013

i want to talk to u in person, u can call me.

Have a Heart Foundation (Sales & Mktng)     27 September 2013

Child Access & Maintenance are 2 separate issues.

You can challenge the said order in part or in whole.

Start paying maintenance in installments and clear them as early as possible as the same is awarded for the welfare of the child.

Incase you want custody then separate Custody Petition should be filed under Guardians and Wards Act. and you can also pray for Interim Access

Prepare a List of Access that you wish to avail eg.

Access during Weekends. 

Overnight access,

access during festivals and during special occasions

and during school vacations of the child.

stanley (Freedom)     27 September 2013

until and unless you file a petition under Gaurdians and wards act you cannot seek  custody .


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