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Wifes maintenance rejected as daughter is not a party


10-May-2023 (In Divorce Law)
My wife is working 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
697 votes
yes she can file a fresh petition making the daughter as party claiming maintenance, she was not required to approach the high court, she could have filed a fresh case and as the maintenance is concerned with daughter, the court will normally award maintenance as maintaining the child is duty of both mother and father
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Comments by Users

Dimple
husband ki ek girlfriend thi vah usse shaadi karna chahte the lekin use mana kar diya donon ka Affair chal raha hai main mentally disturb Hoon Kya shaadi ko 17 Sal Ho.

Reply by LawRato
You can file for divorce on the ground of adultery under the relevant personal law applicable to you. For example, under Section 13(1)(i) of the Hindu Marriage Act, 1955, adultery is a valid ground for divorce12. You can also claim alimony and maintenance from your husband depending on your financial situation and his income.

You can file a complaint of domestic violence under the Protection of Women from Domestic Violence Act, 2005, if you are subjected to any physical, mental, emotional or economic abuse by your husband or his relatives due to his extramarital affair. You can seek various reliefs under this Act, such as a protection order, residence order, monetary relief, custody order and compensation order.

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