I'm going through the case under D.V act. This case was filed by my wife in the year 2009 , she was pregnent at that time and gave birth to the child after filing the case.
So, the petioner is only my wife not the child. Moreover she has never asked for the maintenance for child in anywere in petition or anywere till date.
Next date is for argument.
Can she asked for the mentainence for the child on the date of argument.
4 Answers from Attorneys
Being the biological father of the child, you are responsible for payment of maintenance for the child. Your wife can file rejoinder or another petition for maintenance anytime.
MUKESH RALHAN, ADVOCATE
yes she can
in case she has not asked for maintenance in her complaint or her affidavit u/s 23(2), she may not get the maintenance.
If she has not asked she will not get it. But she can ask for it, and if she asks she can get it.