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Alimony when wife is working and wants to take the custody of child


22-Aug-2023 (In Divorce Law)
when the wife is govt emp. and ready to take the custody of the 13yr old daughter and husband enrolled in bar council but not duing any law practice then what can be the status of Alimony
Answers (4)

Answer #1
914 votes
Alimony is given to wife as per court order at the time of divorce. Since she is Govt Emp not entitled. But, the daughter entitle for maintenance . Court has to order for it . What mentioned in divorce order ? His practice is nothing to do with his daughter maintenance.
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Advocate Sanjeevi Krishna Rao

Adv. Sanjeevi Krishna Rao

LawRato Visakhapatnam | 200+ Answers
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Answer #2
885 votes
Mother has every rights on her children up to 14years, and more over she is working woman, she has a capacity to feed the children. So almost she has in good condition. But hear husband is unemployed and he has no income.
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Answer #3
678 votes
Hi Alimony is decided not on the income earning capacity of the spouse, but on the grounds for which the couple are seeking divorce, future of children, social status of the couple etc. Though the husband might claim that he has no regular income, courts have always directed the husbands to pay maintenance and alimony by selling properties or by finding alternative careers etc. Also since your wife is a government employee courts might not grant any substantial monetary grant to the wife, but might consider the fact that she has taken up responsibility for maintenance and upbringing of child and hence might award alimony in lieu of her services to the child.
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Advocate Rajagopalan

Adv. Rajagopalan

LawRatoHyderabad | 25+ Answers
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Answer #4
720 votes
Madam, It is in the judge's discretion to grant or refuse alimony and it depends on many factors such as husband's income, tenure of marriage, child/children' s food, shelter, education and all other needs, your lifestyle and your husband's lifestyle etc. As you did not provide details of your salary, job tenure left, your fixed/movable assets and whether your husband owns any property (ies) etc, it is difficult to give an estimation on the quantum of alimony the court could grant. Feel free to contact me with all the details to receive proper advice.
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Advocate B. Srikiran

Adv. B. Srikiran

LawRatoHyderabad | 5+ Answers
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