socially backward (Social worker) 07 July 2018

Maintenance of daughter

Dear Members, In this instant care, husband and wife both are State Govt employee,have a minor daughter.The husband stays saperately for long,doesn't agree for mutual divorce and doesn't provide for daughter.The wife stays with aged parents along with her minor daughter. Now,in case of sudden death of wife,how can it be managed in such a way that the family pension goes solely to the daughter instead of husband*(as the state law includes husband in definition of 'family'in case of pension along with minor daughter) and the husband be forced to provide for the minor daughter?The child also must be in the custody of her maternal grandparents as her father and his paternal family will never take her care. How to safeguard this child?

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6 Replies

Nitish Banka (lawyer) 07 July 2018

Dear Socially backward,

You have to file case under 125 Crpc and claim maintainence for yourself and minor daughter. Feel free to discuss your case

Adv. Nitish Banka

9891549997

socially backward (Social worker) 07 July 2018

Thanks,but if the wife is employed ,with govt,can she claim for maintenance? Further,how the court arrive at the maintenance amount,what proof are required to claim maintenance in this case?

socially backward (Social worker) 07 July 2018

Thanks,but if the wife is employed ,with govt,can she claim for maintenance? Further,how the court arrive at the maintenance amount,what proof are required to claim maintenance in this case?