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Can daughter claim for maintenance from her father after first motion
04-Feb-2023 (In Divorce Law)
I have filed mutual divorce (Hindu Marriage) case and the second motion is pending. My daughter is 20 yrs old and she has signed on the papers as one of the witnesses. There is no particular demand of ours for the allomoney but after a counselling session in a mediation center my husband has agreed to pay my daughter Rs. 5000 each month. We lived a house which was bought by my husband but I am owning it. He has agreed that he will not claim any right on that property. Can my daughter file a case against him as he is not paying her educational expenses and other maintainences? Rs 5000 is not enough for her because she is pursuing her graduation in private institution.
I have read and understood your query and shall be able to address your concern as I specialise in family and civil laws. However I shall require detailed inputs from you so that I shall be able to guide you well.
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Adv. Anish Roy
Delhi | 100+ Answers
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As per facts am not not aware terms and conditions of settlement what u have actually mentioned therein. Secondly, in law there is provision when daughter can claim or not.
Section 125 crpc provides the condition when married and unmarried daughter can claim
Section 125 crpc provides the condition when married and unmarried daughter can claim
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Adv. Akhil Verma
Delhi | 400+ Answers
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If your daughter is not married and by any reason physical or mental unable to maintain herself then only she is able to claim maintenance from her father otherwise a minor child is not entitle to claim any maintenance
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Adv. S N Shukla
Delhi | 25+ Answers
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Unmarried daughter who cannot maintain herself can claim maintenance from the father under Hindu Adoptions and Maintenance act You can also negotiate with ur husband to offer educational expenses and other maintenance expenses of ur daughter and get the same recorded in an MOU in the second motion.
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Adv. Mrinmoi Chatterjee
Delhi | 200+ Answers
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Yes she can also file case for maitenance. No need to worry if second motion is pending. You she can claim maintenance from his father him directly if she is above 18 years of age . and if not so you can file a case on behalf of her as a guardian.
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Adv. Deepak Rathore
Delhi | 100+ Answers
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