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Raajeev Sampat. (Self employed.)     18 June 2011

Compensation.

Can a father claim compensation in his custody case from the mother.If yes then on what grounds?And what evidence does he need to support his compensation claim?



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 2 Replies

Tajobsindia (Senior Partner )     18 June 2011

 

@ Author

1. Using the word "compensation" here in said brief is a wrong way to put a simple question.

2. A far better wholesome word "maintenance" in regards to minor child shall have been used to raise such demand by a custodial parent is my view.

3. We are not clear under which provisions of Law custody is being claimed by author !

4. However the relief with regard to the custody and maintenance of a child is provided in the Guardianships and Wards Act and in the Hindu Minority Guardianship Act, 1956. Such relief can be had independently, even without a matrimonial proceeding under the Hindu Marriage Act or any other Marriage Act, under the provision either under the Guardians and Wards Act or under the provision of the Hindu Minority and Guardianship Act, as the case may be.

5. 'Grounds' claimed may be maintenance for upkeep of custodial minor child on maintenance heads such as food, education, medical, sports, special diet for a growing child and if female minor child then for her marriage expenses.

6. In support of claim reasonable 'evidence' could be earning / income of mother and non earning and 'less sufficient' earning / income of custodial father.

 

Raajeev Sampat. (Self employed.)     18 June 2011

Thank you.


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