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)?


Asked on 8/22/09, 9:24 am

4 Answers from Attorneys

Sudershan Goel India Law Offices of Sudershan Goel - Advocate

No. If she has the custody already, she may claim maintenance.

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Answered on 8/22/09, 10:13 am
Prof.Somnath Mukherjee s.mukherjee associates,09874053359

if the minor is in the custody then she can claim maintenance

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Answered on 8/22/09, 12:46 pm

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.

Your further clarification is welcome at nominal fee at;

[email protected]

Advocate

M:09814110005

CHANDIGARH (INDIA)

We also have branches all over India.

With Regards

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Answered on 8/22/09, 2:11 pm
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

no, its not mandatory for the mother to claim custody first in case the children are already staying with her.

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Answered on 8/22/09, 2:15 pm


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