Child maintenance reduction as wife is educated what can i do

928 votes

Dear Client,
Particulars are insufficient. What are the grounds on which the case of your wife was dismissed for her maintenance and allowed partly to pay maintenance to daughter. It is the duty of the father to maintain daughter till she attains majority and also make provision for her marriage. But it is a good ground for you to seek the court to share maintenance, if your wife is an employed woman. Prefer appeal on ground that your wife is an earning member and you are not an earning person. If you are not an earning person how did you maintain your daughter if custody of your daughter is given to you. It is not preferable to seek permission to get interim custody of girl child. Generally courts will allow the girl to stay with her mother. You can file a petition for divorce.

Advocate Sistla Rama Krishna LawRato

628 votes

Hello,

In your appeal, mention your wife's current salary, her financial position,your salary, your liabilities towards your parents and convince the high court strongly about your inability to pay such an amount towards child maintenance. If the appeal is done with clear and precise terms, possibilities of reduction of child maintenance is alive. Coming to the custody of the child, it is doubtful at this stage as your child is below 5 years. You may not be granted the custody. File for custody of the child after the child crosses 5 years and fight strongly for the custody. You may get the custody.There are no drawbacks in claiming custody of the child. Coming to winning of RCR case, it is difficult to predict without knowing the status of the case. Let the RCR case disposed off. There will be 1 year time frame for your wife to come back to you. If she doesn't, file for divorce. If you lose the RCR case, file for divorce immediately. Feel free to contact me if you need any help.

Advocate B. Srikiran LawRato

761 votes

burden is on both of the father and mother to maintain the child. Admittedly the child is with mother. Recent Supreme court decision is very clear that when the wife is highly qualified and having so much sources to get the job opportunities, no need to grant maintenance. More over the same lines will be applicable to the case of child also. Even maintaining old aged parents also ground for not granting maintenance. Secondly you asked about custody of child. It is not clear the age and gender of the child. As per the legal norms a child should be in custody of mother itself till 5 years being breast feedings and other required precautions to be taken by mother itself. If she is a girl , mother role is very important even after 5 years age also. So these are the draw backs. Interim custody wil be given after satisfying by the court , in the circumstances, it is need to give the custody. Regarding query, you have to submit detailed defense regard to cruelty and desertion of the wife being those are major grounds to get the divorce. Your are entitled to file divorce after reconciliation petition.

Advocate Akarapu Udaya Bhasker LawRato