Despite khoola deed,HC asks man to pay maintenance to daughter

Mothe had given up the amount for her as well as the child.

Written by NEERAD PANDHARIPANDE | Published:March 6, 2013 1:41 am

Mothe had given up the amount for her as well as the child.

The Bombay High Court recently upheld the grant of maintenance for a Muslim divorced woman who had earlier given up her as well as her daughter’s right to maintenance. The court observed that persons involved in such litigations “cannot contract themselves out of the statutory obligations to maintain their children”.

The couple got married in January 2006 and the child was born in September the same year. They dissolved their marriage by a deed of ‘khoola’ on February 1,2011,wherein the wife gave up her and her daughter’s maintenance amount. She accepted Rs 12,000 at the time,but not get any amount for the daughter.

The husband denied being the father of the girl and insisted on a DNA test.

The High Court referred to the established legal position that for disputing paternity,a complete lack of cohabitation must be established by the husband and courts cannot order blood tests as a matter of course.

Justice Roshan Dalvi,who was hearing the case,observed that in the deed of ‘khoola’,the husband had accepted having a daughter.

The mother had asked for maintenance for the daughter on the grounds that she suffers from rickets.

She claimed that she required specific treatment and her legs had to be placed in braces. She said that at present,her father was taking care of the child.

Justice Dalvi said,“It is common knowledge… that Rs 12,000 in the year 2011 is of almost no value whatsoever.” He said the maintenance amount of Rs 4,000 per month directed by the magistrate was “reasonable”.

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