Can a father avoid paying maintenance for his child

597 votes

Dear querist

If the child is in the mother custody and she is earning more than you in this condition mother has to take care of child. Because she is earning almost double than you. Please file earning documents of your wife along with affidavit. Judge will consider

Advocate Sushil Kumar LawRato

603 votes

As per section 26 of the Hindu marriage act father and mother both are entitled to bear the cost of expenses of the child if both are working the ratio is similar to their earning capacity in your case the judge is Taking the same ratio into consideration but if you are able to prove to the court that you have other expenses or dependents like parents et cetera on you and it is wrong to make you liable to pay the entire expenses your review can be allowed

Advocate Madhu Tyagi LawRato

557 votes

Sir, it appears you already have taken one of the appropriate step regarding the order from the judge. Since he still has not taken the matter for adjudication keeping it hidden would also amount as a ground for appeal to the higher court. In most of the cases he judges reviewing the orders seldom change it. It would be mich better for you to appeal against the order. In case the limitation of the order of maintainance has expired you can still appeal on account of non adjudication of your review. Hope this helped.

Advocate Gurman Chahal LawRato