Maintenance fory 17 year old son

555 votes

Yes, you may have a remedy, but it will depend on the exact terms of the 2013 mutual-consent divorce decree/settlement. If the ₹6 lakh was specifically agreed as full and final maintenance for your son and was paid, filing a fresh maintenance claim may be difficult. If the ₹6 lakh was only a one-time amount and there was no waiver of future maintenance, the position may be different. Also, if your son is still a minor, maintenance can generally be claimed from the father despite the passage of time, although you normally cannot claim 15 years of maintenance retrospectively. If your son has already become a major, a normal maintenance claim is generally not available under Section 144 BNSS unless he falls within the statutory exception relating to physical/mental abnormality or injury. Please share the 2013 divorce decree/settlement, especially the clause regarding the ₹6 lakh, and your son’s current age. I can then tell you whether a fresh case or execution of the earlier order would be the appropriate remedy.

Advocate Daksh Saini LawRato