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Child Maintenance if child is not party to the application


11-Mar-2024 (In Divorce Law)
My wife is claiming interim and final maintenance for my 1-year old child in her DV case. She has not made the child party to the Application (Main or interim). Is she eligible to get child maintenance even if the child is not party to the case?
Answers (2)

Answer #1
659 votes
Yes she can claim maintainence for her child ,provided she has added this in her prayer and she should also attach Birth certificate of the child in Annexure. The Petition should clearly mention that A child is born through the wedlock.
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Advocate Amreen Shah

Adv. Amreen Shah

LawRato Mumbai | 50+ Answers
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Answer #2
586 votes
There lies no need for making the child as a Party in the case, considering, in her Pleadings, she can give requisite sufficient info about the child to seek Child Support/Maintenance for the child and also about her economic status and your's to claim child support from you.
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Advocate Pankaj Bajaj

Adv. Pankaj Bajaj

LawRatoMumbai | 1000+ Answers
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