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HMOP in family court, DVC in other court for maintenance


28-Apr-2026 (In Divorce Law)
Adult son and daughter both are studying, whether my wife can file petition to claim maintenance in favor of my children in DVC case. my wife is earning member adult son is doing part time job and studying abroad. son is 24yrs and daughter is 22 yrs old.
Answers (5)

Answer #1
604 votes
respected sir your wife can claim maintenance from you any circumstance when the cases pending even if there was no case pending anytime she can file a case for maintenance of her personal needs court will enquire about the issues which she is being faced and the need of the amount for her survival from you and give proper judgement
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Advocate Rama S

Adv. Rama S

LawRato Trichy | 25+ Answers
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Answer #2
645 votes
o. In a DVC case, maintenance for children is generally granted only to minor children. Since both son (24) and daughter (22) are majors, they are not automatically entitled to maintenance. However, courts may consider exceptions if the children are unable to maintain themselves due to ongoing education or special circumstances, but this is discretionary and depends on proof. Your wife can still claim maintenance for herself under the DVC Act, irrespective of her income, if she proves financial insufficiency compared to the husband.
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Advocate Sreebalaji

Adv. Sreebalaji

LawRatoCoimbatore | 5+ Answers
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Answer #3
766 votes
Under the Protection of Women from Domestic Violence Act, 2005, maintenance for children is generally limited to dependents; since your son (24) and daughter (22) are majors, your wife cannot ordinarily claim maintenance for them, especially when the son is earning part-time and studying abroad. However, an unmarried daughter may still seek limited maintenance if she proves genuine dependency and inability to maintain herself. The fact that your wife is earning also weakens the claim, though the court may still consider overall financial disparity. Overall, maintenance for the major son is not maintainable, while for the daughter it is conditional and fact-dependent.
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Advocate Sudharsan K

Adv. Sudharsan K

LawRatoTirupur | 5+ Answers
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Answer #4
725 votes
You should file a detailed reply in the DVC case highlighting: ​The son’s age (24) and his independent income/employment status abroad. ​The wife's independent income status. ​Any existing financial support you have already provided for their education.
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Advocate Hemalatha Narayanan

Adv. Hemalatha Narayanan

LawRatoChennai | 100+ Answers
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Answer #5
796 votes
Now in your case may I know 1 st Fact of the DV case then I will consult you how to acquittal your charge and How to reduce your Maintenance and also refused maintenance by your side. in the above report you say your wife is an earing capable women then many judgement are favour to you for refuse the maintenance basis on your wife have earning capacity Thank you
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Advocate E. Udhaya Kumar

Adv. E. Udhaya Kumar

LawRatoDharmapuri | 5+ Answers
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