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Can children claim for the maintenance from the separated mother


25-Jun-2023 (In Family Law)
 My aunty came out of her house a week back leaving back her children home. Yesterday she went home to bring the children to her mother's house for ramzan holiday. They had small quarrel but the kids came out with the mom. As my aunt is jobless she can't take care of the three daughters. She had been sexually harrased verbally abused beaten and cheated . The kids are saying that they will go back to their father . But if it comes to police station or court they will support their mother . 1. Can the kids be with the father? 2. What should my aunt do now? 3. If the kids go to their father now can they come back to mother whenever they want (Hindu)?
Answers (2)

Answer #1
531 votes
Sir, if the maintenance suit is put and the court will decide with whom the custody remain, seeing all aspects like education, financial background, habits, wish of the children and the children's can come back after 18 years with whomever they wish .
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Answer #2
795 votes
Under section 125 of code of criminal procedure wife gets maintenance from husband later children also gets maintenance till they get majority. Children can come and see mother as love is eternal so court only seeks child go to her mother and they can come when ever they want there is no bar in law
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