Can I get divorce without giving alimony and custody of child to wife

568 votes

Both wife and husband apply for mutual divorce. She should agree for baby girl custody for ever without any maintenance from you. For applying for mutual divorce, parties should be stay separately minimum one year. What she do?

Advocate Sanjeevi Krishna Rao LawRato

899 votes

Dear Sir,

File for divorce . Your wife will file for pendent lite (during litigation) maintenance from you along with her counter or separately during the divorce proceedings. Apart from this, she may also file for maintenance for herself as well as for your baby girl under Sec 125 Cr.P.C and she may also file 498A and Domestic Violence case against you and claim compensation, interim maintenance for herself as well as for the kid. Further, she can also file for child custody and she will get the custody of the child as the child is below 5 years. You will be granted visitation rights only. Therefore, give some money to her as permanent alimony and the child and get MCD from her. Otherwise, you will have to spend lot of money from your pocket towards her as well as child's maintenance.

Advocate B. Srikiran LawRato

807 votes

Hi
For child custody, generally mothers are granted custody of girl child unless and until you can prove that mother has been cruel or mentally insane etc.
The courts may grant divorce to you without payment of alimony to your wife. but it depends on merits of the case
if the wife is working or has adequate properties, courts might not grant alimony to your wife.

Advocate Rajagopalan LawRato