Legal Question in Family Law in India
Is it not mandatory under Hindu Marriage Act, 1956, for the petitioner, mother claiming maintenance for the education of the children, to file petition for custody to the court (before preferring any petition for maintenance for the children)?
4 Answers from Attorneys
No. If she has the custody already, she may claim maintenance.
if the minor is in the custody then she can claim maintenance
Mr.Sudershan is right, wife cannot claim.
Moreover there is no such provision in Hindu Marriage Act for the custody of the children or education. She has to got through proper channel and file application in different act.
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With Regards
no, its not mandatory for the mother to claim custody first in case the children are already staying with her.
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