Maintenance of daughter

You have 2 options to claim maintenance for her.

1. File an application under Ch. X Section 144 of BNSS.

2. File application under Section 20 of Hindu Adoption and Maintenance Act.

Father is bound to maintain her.

Even if your daughter attains the age of majority (18 years) her father is bound to maintain. 

Seek professional services of your lawyer for necessary proceeding. 

One more option is you can make application before the court which granted the decree of divorce. Application under section 25 of Hindu Marriage Act.

Your daughter has right to get maintenance from her father, she has to file petition for getting maintenance  before family court.

Since the court has already stated that your husband would take care of all your daughter's expenses, you can start by sending him a formal letter requesting the maintenance amount ¹. If he refuses to pay, you can approach the court and file an execution petition to get the court's order implemented 

If the court has passed a decree directing the husband to pay maintenance, then you first send a legal notice demanding maintenance amount, if he fails to honour the court decree then you can file an execution petition to execute the decree.

Has the husband stopped paying maintenance? If not, why this query?

She just moved to her mother and hence maintenance was not applicable but now we have to ask as advised by your friends above

The maintenance amount is given to the daughter.

She has rights to chose either of her parents to live with after she has become major by age hence that will not automatically disentitle her from claiming maintenance which is already in vogue as per court order.

The exception of section 144 BNSS says that the father of a female child may be directed to pay maintenence:

1) for umarried daughters: untill she attains majority.

2) for  married daughters: if the magistrate is satisfied that the husband of such female child does not posses sufficient means to maintain.

In your case, the court has stated that the father would take care of all future expenses of his daughter seems a obiter dicta. The order is normally stands specific and executable. Perfect opinion can be formed only after visiting the order sheet.

Aside, your recourse always lies in Section 20 of PWDV Act and section 20(3) of Hindu Adoption and Maintenance Act.

Originally posted by : tejinder sethi
	I got divorce from my husband by decree of the family court. At that time my daughter was minor aged 17. Now she has turned 18 and she decided to stay with me (mother). I am staying currently with my mother. The court further stated that father would take care of all her expenses in future. Please advise how should I claim maintenance from my husband for my daughter who is currently studying.

At the time of passing a decree of divorce your lawyer should have suggested / advised and moved an application under section 25 of the Hindu Marriage Act, 1955 for permanent maintenance of both of you, whether your lawyer filed any such application before the Family Court ?

If it (any such application) was not moved you are required to move to High Court u/s 19 of Family Courts Act, 1986