quesMaintenance and alimony

My sister works as a government school teacher and my brother in law working in indian railways due to personal causes. They are applying for divorce. They have a girl and a boy. What about the children after divorce. Is it possible that the children would come to my sister. Can my sister apply for compensation as she is working. Can we book the case under domestic violence?

  • ansYour sister wants the custody. Generally, the courts award the custody of minor children to the mother. The father gets only visitation rights. Since both, your sister and husband are going in for divorce by mutual consent, the terms provide that custody will be given to the mother only. Since your sister is working she won't get maintenance but will get maintenance for the children. Filing of domestic violence will aggravate the issue. Better arrive at an amicable settlement.

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