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Can wife claim maintenance for a major child
01-Jul-2023 (In Child Custody Law)
I am having a Major Female child belongs to Divorced wife. Divorce was granted by Mutual agreement by High court. As per that I paid 200000/- DD in th name Minor Daughter. She relinquished all right in the property and Maintenance of child. Divorce granted When child was minor. I am having 3 Major Female child by 2nd Marriage.Now applied for Maintenance for Higher Education She is educated as MA. She can maintain herself.Her mother is having pension of Rs. 15000/- and terminal benefits,owning a House. She can also apply for Education loan. In such case what defense I can take.
Bombay high court has held that an estranged wife can seek maintenance from her husband for and on behalf of her major daughter or son so long as the child is dependent on her.
According to the provisions of Hindu Adoptions and Maintenance Act, a child can claim maintenance from his father or mother so long as he or she is minor. However, section 20(3) is an exception which obligates a person to maintain his or her daughter who is unmarried and unable to maintain herself out of her earnings or property. A daughter may have attained majority but so long as she is unmarried and dependent on mother, she is entitled to maintenance from her father's earnings.
According to the provisions of Hindu Adoptions and Maintenance Act, a child can claim maintenance from his father or mother so long as he or she is minor. However, section 20(3) is an exception which obligates a person to maintain his or her daughter who is unmarried and unable to maintain herself out of her earnings or property. A daughter may have attained majority but so long as she is unmarried and dependent on mother, she is entitled to maintenance from her father's earnings.
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Adv. Sudershani Ray
Delhi | 200+ Answers
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