Legal Question in Family Law in India
Divorce Mutual concent and Child Maintenance
In case of Divorce by mutual concent under Section 13Bwhat is the liability of father for child maintenance under the condition that both husband and wife are working and staying seperately for two years and father gives custody of child to mother . Child is 5+ years of age and daughter.
Is father bound to pay maintenance to child under section 13B of divorce by Mutual concent or it can be paid by at fathers freewill and mentioned in the joint petition?
How to safe guard if the child maintenence provided to wife is utilized for other purposes and wife tries to draw maintenance via her daughter?
2 Answers from Attorneys
Re: Divorce Mutual concent and Child Maintenance
Already replied.
Re: Divorce Mutual concent and Child Maintenance
The court may, on the application of the wife, pass appropriate orders about maintenance of the child.
Ordinarily, the father should be ready and willing to make payment of maintenance amount to the mother without bothering for its utilization. However, the father may request for 'visitation rights' and may keep himself informed about 'upbringing' of the child in the most appropriate manner.
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