Want maintenance? Allow father to meet children, says court
In a case filed by the father that his ex-wife had not allowed him to meet his children aged 11 and 13 last Diwali, the court said it will monitor if the mother allows access to the children and only if it is satisfied will it release the outstanding maintenance for the two children. This amount will be deposited in the court.
In the process, the court also struck down the mother’s entire defence in the custody battle, which also leaves the door open for the father to win custody of his children.
In the original case, the Bombay High Court has in 2007 asked the father to pay maintenance of Rs 7,500 to each kid. Till now, the father has paid Rs 1,45,000, with Rs 5,20,000 still outstanding. Family court Judge IM Bohari has ordered the father to deposit this outstanding amount in the name of the family court’s principal judge Lakshmi Rao. Judge Bohari said the court will observed if the mother allowed the father access to his children and the money would be given to her with interest accordingly. If she didn’t follow the courts order, the money will be put in a fix deposit under each child’s name till maturity. The father, however, will continue paying the monthly maintenance.
The mother, on the other hand, said she was present but did not bring the kids as they were happy with her current husband. She said she was also in the process of opposing access rights to the father.
“Not only Diwali, but access on subsequent days has also been denied. If the children are living with the mother, her new husband and three children there is no reason for her to deny the children’s biological father access to them,” the judge said.
In the process, the court also struck down the mother’s entire defence in the custody battle, which also leaves the door open for the father to win custody of his children.
In the original case, the Bombay High Court has in 2007 asked the father to pay maintenance of Rs 7,500 to each kid. Till now, the father has paid Rs 1,45,000, with Rs 5,20,000 still outstanding. Family court Judge IM Bohari has ordered the father to deposit this outstanding amount in the name of the family court’s principal judge Lakshmi Rao. Judge Bohari said the court will observed if the mother allowed the father access to his children and the money would be given to her with interest accordingly. If she didn’t follow the courts order, the money will be put in a fix deposit under each child’s name till maturity. The father, however, will continue paying the monthly maintenance.
It was the father’s case that the court has allowed him to meet his children for one day a week, besides birthdays and half a day on festivals and major vacations. Last Diwali, the father had got a court order allowing him to spend 4 days with them. But when he reached the spot where he was to pick up his children, they were not present. He then filed a police complaint, submitting photographs as evidence.
The mother, on the other hand, said she was present but did not bring the kids as they were happy with her current husband. She said she was also in the process of opposing access rights to the father.
“Not only Diwali, but access on subsequent days has also been denied. If the children are living with the mother, her new husband and three children there is no reason for her to deny the children’s biological father access to them,” the judge said.
