quesLegal rights of wife and minor child after divorce under Christian law

I am a full time home maker (a non earning member) & mother to a 2yr old & 5 yr old girls. Husband from Bandra while I come from Andheri. We are both Roman Catholics & got married in Mumbai in Church & have our marriage Registered under the Indian Christian Marriage Act 1872. Currently we reside in Abu Dhabi. I would like to knw my legal rights if my Husband or I file for a separation or divorce. My husband works for a well known bank in Abu Dhabi bank & my elder daughter goes to school in Abu Dhabi. In case i file for a separation, would want to stay in Abu Dhabi for a year till we figure out admissions for my daughters next year.. be it in Dubai or Abu Dhabi or in Mumbai. Want to knw if my husband is obligated to take care of our monetary needs & to what extent/limit. I want custody of my kids. What do I need to prepare for. 

  • ansHi,
    You can proceed to file for Divorce Petition before the Bandra Family Court. You both are domiciled in India therefore you have to get divorced in India. You can appear through Power of Attorney before the Court in India.

    Advocate Rakhi Sajnani

      Thane, Mumbai

  • ansif you or your husband anybody is filing for divorce as you are not earning anything the liability comes on husband to take care of you and your children which is including there education expense. also you can ask for an alternative accommodation from him. as far as the custody concern it will remain with you but you might have to give access to him. which is like vacation, weekend, birthday etc.

    Best Regards,
    Adv. Jyoti Kolhe

    Advocate Jyoti Kolhe

      Prabhadevi, Mumbai

  • ansHi it is not necessary to stay with your husband if you want to go for separation or divorce and it also depends on your case. Maintaining wife and children is the duty of husband therefore you can ask for maintenance from him for yourself and children's.

  • File Mutual Consent Divorce @ Rs. 25,000/- only

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