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Need advice on family settlement
19-Jun-2023 (In Criminal Law)
My sister filed src 125 for herself & her school going child. But court had given only maintenance for child. My sister decide to review only her portion for maintenance . Our advocate suggest us if we appeal for review the child maintenance should be stop. So we are looking knowledgeable experts suggestion for that. already child getting his maintenance . Also husband want to settlement about this matter & he willing to give few amount to my sister . Kindly suggest me if the settlement happen how much my sister demand for herself ? Can she demand herself & her son for lifetime ? Please suggest me.
Is this application arisen out of 498A or your sister is residing separately what ever the case may be she is entitled to seek maintenance for herself by filing an application with the related court through the advocate acting on her behalf as per the present prevailing law. Please check with your advocate accordingly.
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Adv. Mahesh Kumar Joshi
Kolkata | 200+ Answers
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From your story I understand that, you have your Sister, her son and daughter. presently Ld. Magistrate was please to pass an order for maintenance for daughter only. I do not know why Ld. Magistrate did not pass maintenance order for your sister and her son. However, the Order where your sister and her son was not allowed for maintenance claim can be challenge before the District Judge Court. And in such situation daughter's maintenance amount did not hampered or change, if we did not interfere on it. The Second answer is if there is possibility for settlement, then it will be better for solve the matrimonial dispute amicably. In this situation Husband can give one time maintenance claim for your sister her daughter and her son. Therefore, you should claim after proper care from the husband of your sister. Here I want to mentioned that, wife can take maintenance for her life. Son can get maintenance till his majority and Daughter can get maintenance from her father till her marriage.
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Adv. Sanjoy Acharjee
Jalpaiguri | 400+ Answers
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MY OPINION THAT i have follow the real fact, i think that your sister have multiple scopes if she thinks further, she has legitimate rights to have maintenance for herself and for her own child analogously for betterment in further life by mutual consent and /or she can demand for absolute maintenance over all by contesting in the court and/or further she has so many other scopes to fight back with her husband.
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Adv. Ranabir Banerjee
Kolkata | 200+ Answers
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