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Maintenance got rejected by the court daughter is not a party


30-May-2023 (In Divorce Law)
My wife is working , earning more than me and in DV CASE, intirim maintenance in favor of daughter was passed by the lower court. After I filed objection, Her intrim maintenance rejected statiing that daughter is not a party in case. Now she is moving higher court for appeal. There is Any citation or Rules is available that support if daughter is not party in case so no maintenance for daughter. any possibilities that she will get relief?
Answers (1)

Answer #1
898 votes
Dear Sir, It is only a technical defect which can be cured and it is not a illegality. Anyway you have got the relief stating that child is not entitled for maintenance as she is not a party to the proceedings. Even the Higher court may uphold the said order and direct the wife to file fresh maintenance application for daughter.
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