Advocate Divya Verma

Questions Answered by Advocate Divya Verma (25+ answers)

Q: App u/s 28 of DV to stop interim maintenance

Hi, would like to understand if o/s made vague claims and demanding maintenance in DV. Can I file app u/s 28. What are the key aspects to highlight.Please contact me only if you have previously filed such application. Looking for a reasonable and not too much experienced lawyer.

Advocate Divya Verma answered
If the magistrate has passed an interim order for maintenance against you than you may challenge it in the Session Court within 30 days of the order passed by the Magistrate.However if the wife is earnings and is well qualified, then she cannot claim maintenance from you. If she is non working, then you will have to pay her some maintenance.

Q: Child Interim Custody And counter GP

Wife is not letting me meet my 3 yr old child. Every time she gives new excuses. I want to get interim custody and also file an application in High Court that my visitation application is not being finalised by rohini court. She creates new story everytime and won't let the child meet. What options do I have and how to quickly get this done.

Advocate Divya Verma answered
The court is usually inclined towards the mother if the custody fight is for the child below the age of 5 years. Having said that there are various parameters on which the custody rights are decided I.e. the income of the mother, the family background, whether the mother is financially sound enough to give a better life to the child as compared to the father. Court is only concerned about is the welfare of the child. The other parent has visitation right on which the other parent can not trample upon. If your wife is not allowing you to see the child then file a habeas corpus writ petition in the high court. And if you are more Financially sound then your wife, then file for custody rights also.

Q: Does it matter who files for the divorce?

i am Hindu. my mom wants to initiate a divorce from my dad. tell me will it effect alimony? or does this have any effect at all? should we wait for my dad do it first?

Advocate Divya Verma answered
Let the husband file the divorce case first as in that case he will pay litigation costs to the wife for compelling her to come to the court and answer the claim of the husband. So far as alimony is concerned Initiation of divorce proceedings by either party do not have any effect on the amount of alimony that would be granted. Deciding the alimony amount depends on a number of factors to be considered by the court, like the status of the parties, their income, assets, liabilities etc. Also the employment status of the wife is also taken under consideration by the court which also plays a significant role in determining the amount of alimony.