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Can we file for child maintenance if it is been denied for mother


31-Jan-2023 (In Divorce Law)

Maintenance allowances granted to child from aft denying maintenance to mother. Civil authorizes maintenance to mother stating that child is getting maintenance from aft. Can one person be subjected both forum,rules.

Answers (3)

Answer #1
625 votes
Yes you can under section 26 of the Hindu Marriage Act. There would be separate proceedings for that. You can peruse the same for your knowledge..However, you have to give complete information about past proceedings....
Answer #2
544 votes
Yes you can file petition for maintenance for child even in the case it has been denied for mother. The onous of maintening wife is different than the child. Rest can be advised only after perusal of order in hand.
Answer #3
642 votes
Yes the maintenance can be filed in both the petitions.It depends on the court, if it is proved the maintenance is inadequate then the same can be enhanced. In your case in one forum maintenance is granted to child and in other to mother its legal, however facts r to be seen why other court declined to mother.

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