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(Guest)

Maintenance for child after mutual divorce

I got divorce by mutual consent and its written that I received ........amount as my past, present and future maintenance and permanent alimony and that for the maintenance of my minor son. but that amount was very minor with which I cannot raise my son. So can I appeal against it and ask for the maintenance of my child from my ex?

I am not working presently and studying further to get a good job.

please advise me as I am suffering a lot and managing finances hard.



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 2 Replies

Tajobsindia (Senior Partner )     13 August 2013

1.    Ideally NO.
Reasoning: Once the joint petition is settled between the parties upon receipt of a lump sum amount, there is no question of granting more maintenance just because the ex-husband is natural father to a minor. MCD will loose its significance if ex-wife starts re-opening past decided cases after receiving lump sum amounts which also included minor's maint..

2.    However, under ‘change of circumstances such as your un-employment status till date, your remained un-married status post last MCD, cost of living index rise, minor’s medical and escalating edu. expenses etc. are alleged changes’, the final Judgment of MCD can be Appealed in HC before a Division Bench and thus may get relief for the minor. However this may introduce 'extra litigation cost r/w proceeding delay too for natural mother' which also needs accounting for before approaching an Advocate for Chamber discussion(s) / going ahead.

parshant (legal manager)     13 August 2013

it is possible but it is depend on ur case 

punjab and haryana high court says that even final alimoney is recived but the child demand his expenses from his father

for more quries contact on my mob.9466004948


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