Apni Law Staff asked 2 years ago
My ex-wife and I mutually agreed to a divorce when our daughter was a child. As part of the agreement, I gave her 2 lakhs in a fixed deposit for our daughter. She gave up any claim to our property and agreed to be responsible for our daughter’s upbringing. Now, my daughter is an adult and has a Master’s degree. She’s applying for maintenance for her higher education. Her mother receives a pension of Rs. 15,000/- and has terminal benefits and a house. She could also apply for an education loan. What arguments can I use to defend myself against this maintenance claim?
Best Answer
Apni Law Staff answered 2 years ago
As your daughter is an adult with a Master’s degree, she is likely considered financially independent under Indian law. Her mother’s income and assets, including the house and potential for an education loan, further suggest she is capable of supporting herself. You can argue that your daughter’s financial independence and her mother’s ability to support her negate the need for maintenance.
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