Demand of additional expenses incurred in upbringing of child

Question asked on: 28/05/2019

One of my cases has settled under an agreement of paying rs. 8500/month and educational expenses of the child, which I am paying every month without any due. This year also, I have paid for books and uniform materials. However, now, the wife is asking to pay for the stitching charges for the uniform. I need to know If I need to pay or not?

Advised by: Shivendra Pratap Singh,

If the case has settled by executing an agreement, the parties to the said agreement should perform their part according to it. Any alternation at the later stage is not permissible. The demand for stitching charges is untenable because it is part and parcel of the costs of uniform. If you have paid the expenses for books and dress no need to give additional money for its stitching.

Any novation or alternation in the contract constitutes a new contract. After the alteration, the previous agreement discontinues and no need to perform by the parties. You may decide to pay for additional charges or not. However, if you do not pay it, no legal liability will ensue against you.

The demand for stitching charge is a minor issue. You can avoid it and pay the fee for stitching. However, you should know that any material change in the agreement will vanish it. In such a condition, the latest amended agreement will prevail. So you may be cautious about amending the material terms of the contract.

However, it is your responsibility to bear all the expenses of your child. It would be best if you obliged your wife to take his proper care. You should not impoverish your wife not to bear the necessary expenses. You are a father of the child, so it is your utmost responsibility to take his proper care.

The child should refrain from any matrimonial acrimony which took place between his parents. You may avoid indulging in settlement of trivial expenses. In the end, it is your free will to bear the additional expenses of uniform.

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Shivendra Pratap Singh

Advocate, Lucknow

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