Custody of child for Father when case under HMA still going on


Hello All, My wife has put section-9 (HMA) and section-24 (interim maintenance) against me. My wife is working and we have 1 daughter (about 4 years old). We have been living separate for about 2 1/2 years now. She is staying with her parents in separate city. None of us has filled divorce case so far. She has described me as a very cruel Father and a very cruel Husband in her petitions. She does not want to live with me and only wants good money in section-24 (interim maintenance). Does it make sense for me to apply for child custody at this point of time ?

Answers (2)


255 votes

For better advice you need to tell all the details responsible for this incidence along with working details of your wife and you . But in the present situation described by you it is better for you that you file a counter case under section 9 and 24 of HMA.


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303 votes

Hello,
Your wife has filed 9 RCR against you, asking for restitution of her marriage while portraying you as a cruel husband!! This itself is a good ground for you for future reference. If she does not want to live with you and has filed 9RCR as a mere tactic then you too contest it with full spirit and do not file for divorce immediately. In case your wife is a working women sec 24 shall become a little tough for her use in her best interest in the light of the latest judgments. Yes indeed you may file a custody petition at any given point in time, especially considering that while contesting 9 RCR you may claim that instead she has left your company and has also deprived you of your child's company and hence u have a ground for custody amongst many other grounds. For further detail you may contact me.

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