My wife demanding Maintenance for a child from me

892 votes

Under Indian law, Section 112 of the Indian Evidence Act creates a strong presumption of legitimacy of a child born during the continuance of a valid marriage. Mere separation or non-communication does not automatically disprove paternity. However, this presumption is rebuttable if you can prima facie show non-access between you and your wife during the relevant period of conception. In such circumstances, you may: 1. File a detailed counter/objection in the maintenance proceedings (under CrPC 125 / personal law), specifically disputing paternity and pleading prolonged separation and absence of marital relations. 2. Seek a court-directed DNA test. DNA testing is not a matter of right; the court will order it only if a strong prima facie case of non-access is made. 3. Until paternity is judicially determined, the court may grant interim maintenance, subject to final outcome. Courts balance child’s welfare, legitimacy, and truth, and do not permit fishing inquiries. Hence, proper pleadings and evidence are crucial. ⚖️ Paternity disputes must be raised at the earliest stage with clear factual foundation.

Advocate Pavani Kumari LawRato

795 votes

According to your question, you can raise your objections to pay the maintenance to ur child and wife and you have an opportunity to file petitions before concerned court. If you have send the case number I’ll assist you in this case.

Advocate Rajesh Kongali LawRato