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maintenance to divorcee wife and to the child form 1st wife
07-Sep-2026 (In Divorce Law)
As per Hindu law what if the father is handicap and is not able to pay the maintenance to the 1st child for divorcee wife and ahs other obligations towards to current family like girl child old mother and mentally unfit sister
1. *Child's Right:* Under Section 125 Cr.P.C. and Section 20 of Hindu Adoptions & Maintenance Act, 1956, a father is bound to maintain his minor child whether legitimate or illegitimate. The Supreme Court has held that a child’s maintenance is paramount and cannot be denied even if mother is earning.
2. *Effect of Handicap:* Being handicapped is not a defence for nil maintenance. The Court will assess your _capacity to earn_ despite disability. If you have some income, pension, or property, you are liable. If you are completely unable to earn with medical proof, the Court may fix a token/minimum amount but will not absolve you.
3. *Other Obligations:* Liability towards second wife, minor daughter, old mother and mentally unfit sister is considered at the time of quantum under _Rajnesh vs Neha_ guidelines. But first child's right stands on same footing as second child.
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Adv. Anchal
Adv. Anchal
Delhi | 5+ Answers
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In that case, the father will be entitled to seek maintenance instead from his children, if they have attained majority. As far as the rights of the girl child, if she is a minor or unmarried and unable to maintain herself and her mentally unfit sister are concerned, a detailed analysis of the family income is necessary for one to make a comment on that, e.g. the capability of the non-earning members, any pension or other government perks and schemes may be applicable to them.
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Adv. Puneet Srivastava
Adv. Puneet Srivastava
Delhi | 700+ Answers
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Generally, if the father is disabled and genuinely unable to pay maintenance, the court may consider his financial condition, disability and other family responsibilities. His responsibility towards other dependent family members may also be taken into account while deciding the appropriate amount of maintenance. His inability to pay may be considered for an appropriate reduction or modification of the maintenance amount, subject to the facts and circumstances of the case.
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Adv. Rahul Kumar
Adv. Rahul Kumar
Delhi | 5+ Answers
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Under Hindu law, maintenance is determined based on the father’s actual income, earning capacity, assets, health/disability and existing liabilities. A genuine disability and responsibility towards a minor daughter, aged mother and other dependent family members can be considered by the Court while determining the amount. However, disability does not automatically extinguish the maintenance obligation. If an existing order has become unaffordable due to changed circumstances, the father may seek modification/reduction of maintenance by placing appropriate documentary evidence before the Court.
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Adv. Atishaya Kaushal
Adv. Atishaya Kaushal
Delhi | 25+ Answers
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Yes. Under Hindu law, the father’s disability, limited earning capacity, and existing obligations toward his minor daughter, aged mother, and mentally unfit sister can be considered by the Court while determining the quantum of maintenance.
However, if the first child is a minor, the child’s right to maintenance generally continues. The father can seek reduction/fixation of a reasonable amount based on his actual financial capacity and genuine liabilities.
He should produce disability records, income proof, medical expenses, and proof of dependants before the Court.
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Adv. Shakun Gosain
Adv. Shakun Gosain
Delhi | 25+ Answers
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He has to file an application before the court which ordered maintainance.
He has to show the change in circumstances and his miserableness to not to pay the same.
For the same you need to hire an experienced professional who can suggest you what all to bring on record and increase your chances in reducing the same.
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Adv. Kanav Gupta
Adv. Kanav Gupta
Delhi | 5+ Answers
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