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Can father pay for maintenance of child in one time ?


28-Jan-2023 (In Divorce Law)
Consider the scenario: Spouses have taken divorce by mutual consent. Husband has paid all future maintenance for wife and one minor child as one time settlement amount. Wife has given up all her claims, past, present and future in consideration of the settlement amount. Also she has given up all such claims on behalf of the minor child as well. Custody of the child remains with mother, father having visitation rights. 1. Now, is it a valid legal proposition for a child to file maintenance claim from father through any legal guardian other than mother on the ground that his mother deserted him and he has not received any amount or maintenance out of the settlement amount. 2. And is father bound to pay this maintenance to the minor child even after he has paid one time settlement amount that included future maintenance of child as well? 3. What is the remedy to avoid such situation? Please guide. Regards
Answers (5)

Answer #1
660 votes
If that situation arises then the mother of the child would be entirely responsible for such deeds not you and if you want to save yourself from such future implication and if you have given the entire amount to the satisfaction of all the respondents , then they can not claim but if you have taken the responsibility of taking care care of your child then you are bound by it

Answer #2
810 votes
Is there any clause in the settlement that the claim of child has been settled through his mother and child will not claim for himself in future and the settlement is binding of him as well? If not,then child can claim for his maintenance and education etc.from his father . However here the claim is through some other guardian and not through his mother who is natural guardian as well as care and custody is given to her through the said settlement. Why she has relinquished his custody to some other person who is now claiming for the child?it requires more facts for opposing the case. You may contact me through this website for any clarification and or legal help if you so desire.
Answer #3
533 votes
Such case can be filed after manipulation of law. But you have enough defence, to prove the manipulation with previous settlement. You have to prove mother has not deserted son, as I have doubts. Visit personally for detail advice
Answer #4
935 votes
Once maintenance is given and settlement in that regard is made then there is no need to give any further maintenance or any related expenses in that regard and also if she files any maintenance case then you can produce those settlements deeds in court
Answer #5
901 votes
Hi, in the present circumstances the mother is also liable to pay maintenance to the child. As father has paid the amount, he can't escape the liability of the child under forced and unforeseen circumstances. It is better to involve the mother also in the case.

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