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Maintenance of My Indian adpoted Daugther
12-Apr-2023 (In Divorce Law)
I am 60 year old soon to retire Airline ex-pat Pilot UK citizen and PIO card holder working in India since 2005. My to be Ex-Wife, Indian citizen from Manipur and I adopted her late Brother`s child then 16 in 2014. my Wife wants a divorce, there is no case of abuse, infidelity or neglect. Our adopted daughter is now aged 19 and has just completed High school. question: will i be obliged to pay maintenance for Wife and daughter, she intends living with her adopted Mother. Sincerely, Bangalore resident
Dear friend,
Have got your concern , and seem very plane case , as it appear but then I would suggest that not to take legal advice only online as it may be different in legal aspect then what u have understood , better call/ consult us at our office : Adv pankaj Kumar & associate....
Have got your concern , and seem very plane case , as it appear but then I would suggest that not to take legal advice only online as it may be different in legal aspect then what u have understood , better call/ consult us at our office : Adv pankaj Kumar & associate....
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Maintenance has to be paid to the divorced wife till such time she marries again. You can stop paying maintenance to the wife if she marries again. As for as the daughter is concerned, you have to pay maintenance till she gets married. The question is that is there a prayer for maintenance in the divorce petition or only for permanent alimony? Who has filed the petition for divorce? on what grounds? is there an Interim application? Is there a separate case for maintenance either under sec 125 of CrPC or under sec 12 of DV Act? If we have answers for all these, then we can look for a solution also for you.
--- Advocate C V Srinivasa
--- Advocate C V Srinivasa
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Sir you are Hindu 15 yrs Above adoption not a valid adoption
Therefore no maintenance
Keeping in view income of retired husband wife is entitled for maintenance.
With respect to residing aspect they can choose to reside together.
Therefore no maintenance
Keeping in view income of retired husband wife is entitled for maintenance.
With respect to residing aspect they can choose to reside together.
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Adv. Dilraj Sequeira
Bangalore | 25+ Answers
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Sir, please know that on her own volition your wife is seeking divorce. During the negotiation of divorce proceedings have settlement with regards to payment of maintenance to your wife. Now it is settled law that even unmarried daughter is also entitled to maintenance if she not working. Your adopted daughter can claim maintenance from you. Your seniority does not absolve you from payment of maintenance, as long as you could able to pay maintenance.
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Adv. Chandraiah
Bangalore | 100+ Answers
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Your obligation to pay maintenance depends a lot on your religion and the country and mode under which you adopted the daughter. if your wife wants a divorce, then it is for you to decide if you want to pay her any alimony. You agreeing to pay to wife maintenance after a divorce is not required in Law. one time alinmony is optional, again personal Law is relevant.
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Adv. S.K Prabhakar Shetty
Bangalore | 500+ Answers
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