Hearing a case filed by a man against his ex-wife, a court in Maharashtra has ruled that the woman must allow her children to meet their father if she wants the outstanding maintenance for the two children to be released.
In his complaint, the man stated that his ex-wife was not allowing him to meet their children aged 13 and 11 last diwali. Not only did the court deliver its judgment in favor of the complainant, but it also assured that it will be monitoring the situation.
Worse still for the defendant, the court turned down her appeal in the custody battle, thus leaving the door open for the father to win the custody of the two children.
In the original case that led to this dispute, the Bombay High Court in 2007 asked the father to pay maintenance of INR 7500/ for each kid. Till now, the father has paid INR 145,000 with INR 520,000 still outstanding. The family court Judge IM Bohari has instructed the father to deposit the outstanding amount in the name of the Family Court’s principal judge Lakshmi Rao. He stated that the court will observe whether or not the mother allows him the access to their children. If satisfied with the mother’s role, the court will release the outstanding money with interest.
Meanwhile, if she fails to comply with this arrangement, the money will be put in a fix deposit under each child’s name till maturity. That essentially means that the father will mandatorily require paying the monthly maintenance.
“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.