LawRato

Child Maintenance filed by father in son's name from the mother.......


02-Feb-2026 (In Divorce Law)
husband and wife separated for 7 months without divorce..marriage not registered...one son out of wedlock aged 2...son is with the husband...husband has filed a child maintenance case in the name of the child...wife was not working until separation..immediately after separation, wife started working..husband and wife married for 5 years...should the mother provide child maintenance...i.e. what is the probability of awarding the child maintenance in the family court...
Answers (2)

Answer #1
750 votes
Dear Client…. Whether husband or wife who is sufficiently earning that person must to maintain the child. If wife is not earning husband duties to maintain the wife and children minor… in your case you are an only earning person you have to maintain your child… need furthermore clarification or doubts call me any time thank you
Helpful? LawRato LawRato
Advocate Iyappan. E

Adv. Iyappan. E

LawRato Chennai | 100+ Answers
Chat with Advocate Iyappan. E Chat 
Answer #2
834 votes
Maintenance of a minor child is the responsibility of both parents, irrespective of whether the marriage is registered or not. If the child is residing with the father and the father is bearing day-to-day expenses, the court will examine the income, earning capacity, and financial independence of the mother. If the mother is now employed and capable of contributing, the Family Court may direct her to pay reasonable maintenance for the child. However, maintenance is not automatic and depends on evidence of income, child’s needs, and comparative financial capacity of both parents.
Helpful? LawRato LawRato
Advocate Hemalatha Narayanan

Adv. Hemalatha Narayanan

LawRatoChennai | 100+ Answers
Chat with Advocate Hemalatha Narayanan Chat 

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

Report abuse?

Connect with top Divorce lawyers for your specific legal issue
Connect with a Lawyer
Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."

All Answers

Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

LawRato