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Claim for child support without divorce
12-Jun-2026 (In Divorce Law)
I have left my matrimonial home as my daughter and me were not provide for .I am financially ok owing to inheritance from my parents .I have been living at my parents place for the past couple of years . I was asked to give them money as he has played himself to show himself as bankrupt and has a house on loan . Can I claim at least child support for my child?
Yes, you can absolutely claim child support. A father's legal obligation to maintain his minor child is absolute; your personal inheritance and his claims of bankruptcy will not absolve him of this duty.
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Adv. Pankaj Bajaj
Pune | 700+ Answers
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Yes, even if you are financially stable, your child has an independent legal right to claim maintenance/child support from the father. I can help you assess your case and take the appropriate legal steps to secure maintenance for your child.
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Adv. Riddhi Pratap Bothara
Pune | 5+ Answers
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Yes... It is a legal duty husband, bankruptcy does not remove the liability , cannot escape the liability on the ground of poverty even beg borrow, steal but pay maintenance...
If opposite parties genuinely bankrupt than amount of maintenance can be consider ...
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Adv. Rajesh Ramprasad Jaiswal
Buldhana | 5+ Answers
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Yes, you can absolutely claim child support. A father has a strict legal obligation to maintain his minor child, regardless of your financial independence or inheritance. His housing loans or self-proclaimed bankruptcy do not absolve him of this primary duty. Courts prioritize the child's welfare and will look past his declared bankruptcy to assess his true earning capacity. You can file a maintenance petition specifically for your daughter under Section 144 of the BNSS (formerly Sec 125 CrPC) or your applicable personal laws to ensure he contributes to her upbringing and education.
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Adv. Pankaj Bajaj
Mumbai | 1000+ Answers
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Yes, even if you are financially independent due to inheritance from your parents, your child has an independent legal right to claim maintenance and financial support from the father. The father's obligation to maintain and provide for the child's education, healthcare, and overall welfare does not cease merely because the mother has her own income or assets.
If there is an attempt to conceal income, assets, or financial capacity, the Court can direct disclosure of relevant financial records and assess the actual earning capacity of the father. The fact that he has liabilities such as a home loan does not automatically absolve him of his responsibility towards the child.
Kindly share complete details regarding the child's age, custody arrangements, and the husband's financial background for a detailed legal opinion and guidance regarding child maintenance proceedings.
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Adv. Sanket Ganpat Khamkar
Navi Mumbai | 5+ Answers
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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.
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