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Divorce settlement and financial aid for children


03-Sep-2023 (In Divorce Law)
I needed some legal advice on some divorce settlement or financial aid for children matter. If parents are in middle of a divorce and the kids have been living with their mom from a long time because they have cut all connections with the father for many reasons but mainly because he was physically and mentally abusive towards the children and although they haven't asked for any financial aid from him since they were separated but the mother is just a teacher and it's a heavy burden to take care of children who are just entering college but the father insists on making the kids sign documents so that they won't ask for anything like financial help only then will he divorce their mom. Is there anything we can about it? Are there any suggestions regarding how they should pursue it further. (Also the family is of Hindu religion)
Answers (4)

Answer #1
541 votes
Hi There can be no such document that can be signed per se to avoid the liability of maintenance. The father will always have the responsibility of maintenance of the wife and of the children. In case there has been a mutual divorce along with a settlement then the case might be different.
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Advocate Abhinav Sharma

Adv. Abhinav Sharma

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Answer #2
888 votes
You should have moved an application/petition under criminal Procedure Code for demand of interim maintenance in order to maintain yourself and childrens both. It's yours and children's right to be maintained by husband/father. This remedy is available in addition to the remedies provided under Hindu Marriage Act. Thanks and Regards
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Answer #3
690 votes
Hi, Going by the lim information provided by you, it is essential to send them a legal notice asking to pay maintenance amount otherwise legal action will be initiated against him. The legal action may be criminal and civil depending upon what you want. Civil action : You can claim money for the same. Criminal action will put pressure to realease money. We can discuss it over a call for a sane legal advise.
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Advocate Ayush Kapur

Adv. Ayush Kapur

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Answer #4
598 votes
In this situation you must file a case for domestic violence and asks for compensation & monetary relief because you might need the funds for your children's education and marriage as well …so there is a provision under the protection of women from domestic violence act and you must have to hire an advocate to file the same …so please be in touch thank you
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Advocate D. Khan

Adv. D. Khan

LawRatoDelhi | 1000+ Answers
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