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Got divorce through MOU how can I claim child maintenance
16-Jun-2023 (In Divorce Law)
In mou my maintenance..stridhan ....alimony r settle excluding child maintenance... (A daughter...10yrs old) Now I want to claim child maintenance...my question is whether shud I file it before 2 nd motion or after granted divorce...problem is he keeps absconding n settle somewhere in Singapore with another wife n 2more daughters after my daughter. He conceal his whereabouts... His I'd belongs to very old address where no one lives though his parents n bro r settled in Noida..plz give me the right suggestions as my date of 2 nd motion is in July ...
How can he remarry before getting second motion done. And if he is absconding how he will come forward for second motion before the court. And whether you can claim maintainance or not it will be decided after seeing your MOU.
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Adv. Manoj Kumar
Delhi | 200+ Answers
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File it along with or before the second motion. Also bring to the courts notice that he has another wife. Till the time your divorce is finalised,he cannot remarry-that is a criminal offence. Use this to pressurise him. Also check for his address on Facebook-you may find it there.
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Adv. Angad Mehta
Delhi | 100+ Answers
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You should make these changes in the MOU in the second motion and also inform the judge about these facts. Maintenance for your child can also be sought afterwards under section 125 CrPC however it is advisable to ask to file for the changes in MOU before second motion.
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Adv. Srishti Saxena
Delhi | 100+ Answers
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As per your version your husband is of a person who does not stick to his promises and words. If you don't press for your child maintenance before second motion with all possibility he will move away from Indian courts jurisdiction and may even settle down in abroad. So through your counsel you ask your husband regarding your child's maintenance before second motion. If he is ready for any wholesome settlement or depositing a FD and interest in favor of the child then go ahead with second motion otherwise you can postpone it. However I can say any further after going through your MOU.
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Adv. S. Sethu Mahendran
Delhi | 100+ Answers
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In mutual consent divorce, court does not have any saying. It is you who have to settle. If you do not settle that issue, divorce can happen, but you can not claim child custody later as there must be some clause for no future cases. It seems you have not taken proper legal guidance before this process.
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Adv. Goutam Prasad
Delhi | 25+ Answers
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