Advocate George Varghese

Questions Answered by Advocate George Varghese

Q: Clarification on divorce jurisdiction

My district is thrissur and wife district is idduki. I made the marriage registration in thrissur, in which court divorce case process happen.

Advocate George Varghese answered
It depends on your community. If hindu it will be as per the provisions of hindu marriage act. place of marriage, where the parties last resided together, where the wife is on the date of presentation of the petition subject to certain conditions.

Q: Am a married woman. can i marry again without divorse

<p>Am cristian . Am married before 5 years . Still now i dont get the real happiness in my married life from my partner he is always drunk . I hate such things habbit .I HAVE a son age is 4 years . Now i met with a good person who can love me and my son also very well he is also a married guy he also have a son and and a wife . He loves me i too loves him i belive i will get a happy life his wife also agreed our relation . She is also happy with me we are in a muturlunderstanding . Can i get married with my new partner ? What should i doo . To get devorse ?? Please help</p>

Advocate George Varghese answered
No. You cannot get married without getting a divorce order from the court. It is an offence under the Indian penal code to get married while one has got a spouse living. No matter even if the spouse agrees for that. If your partner is ready to file a joint petition for divorce, it will be got by 6 months time. Don't get married while you have a spouse living.

Q: Claim and Maintenance

My husband has filed for divorce in Dec 2014 & I am contesting. We have been married for 6 years and have a 2 year old son. He has been based out of the US for more than 2 years now and I work from home as my son is too young. My husband has never paid for any of my expenses or my son's. I am planning to file a case for my son's maintenance and alimony / maintenence for myself. He is earning more than $6500 USD a month, my gross salary is 35K per month. How much can I ask as maintenance for my son and for myself.Is there any calculation method for this?

Advocate George Varghese answered
The general method accepted by courts is the wife and kid must live in the same standard of the husband. The amount of maintenance must be adequate for that. Another method is one third of the income will be set apart for self maintenance . The remaining 2/3rd will be distributed among the number of persons whom he is legally liable to maintain.

Q: Kids want to stay with me. If husband files custody, who will get them

<p>I have two kids , Girl 5 years and boy 7 years. Husband wants divorce . He is working abroad . I am working. Kids are staying with me and they donot want to go with him. If he goes for case on custody of kids who will get the custody? Request to help me in this.</p>

Advocate George Varghese answered
Each case will be decided on its own merits. The welfare of the minor is the only consideration. But wish and welfare are distinguished. Sentiments of the parents have no consideration at all. please feel free to ask if any further clarification is needed. The court will interact with the children if necessary.