Legal Question in Family Law in India
Can i file for child support?
i got divorced in 2004. at that time, my only concern was to get custody of my daughter for which i agreed to not demand maintainence or child support. i got full custody of my child and the father waived visitation rights.
3 years later i got married and things didnt work out for us and we are divorcing. we didnt have any children together.
i need to know if i can ask for child support from my first husband for his daughter who lives with me now? does my daughter have a right over her grand parent's property?
does my remarriage in any way affect this?
3 Answers from Attorneys
Re: Can i file for child support?
Yes. Your remarriage affects you and not your daughter
Re: Can i file for child support?
Your remarriage will not adversely affect your daughter's maintenance rights.
Your daughter is entitled to support from her father and may also have legal rights in the ancestral property of her father/grand parents.
The waiving of father's visitation rights by you has nothing to do with the child support. Despite your waiver, the father may seek custody or visitation rights of the child even at this stage.
Re: Can i file for child support?
Yes, you could. With the change in circumstances you may ask for child support unless you had given an undertaking to the court that you would never ever claim any maintainence for self or for daughter from your First Husband (FH). Your re-marriage, until divorced may have impact on the quantum. Your daughter does not have any right in Grand Parents (FH's parents) if the property is self acquired which they may dispose according to their desire. However, if either grand parent expired without leaving a will then your daughter has a right through your FH. This is the position, assuming the parties are Hindu.
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