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Child maintenance and alimony and divorce
16-Feb-2025 (In Divorce Law)
Married for 6 yrs under hindu law. Iam a doctor by profession earning well. Have 17 months baby boy. Husband and my father in law placed camera without informing me in home when dispute already going on. Now he is asking for divorce through legal notice. What to do. He earning 1.7 lac per month and have various properties on his father's name. What would be my right and my baby right in this case if he has himself asked for divorce. I earn a bit more than him. My husband is also a doctor.
You can claim maintenance forcyour child and or else you can claim one time alimony and take mutual divorce and if not divorce then you can fight only for maintenance under the criminal procedure code
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Adv. Brahmanand Dube
Navi Mumbai | 400+ Answers
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Dear client based on your question,
As the child is 17months only old, the mother generally has a stronger claim in the custody under the Laws , as the court prioritizes the child's welfare. Whereas the father may get visitation rights . Regarding maintenance if the woman earns more than her husband, spousal maintenance might not be quite convenient for maintenance.
For further details regarding your case contact us for legal advice.
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Adv. Anish Palkar
Mumbai | 200+ Answers
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Irrespective of you earning more than your husband or not, as far as your child is concerned he shall be eligible for some maintenance from the father. Feel free to contact me for seeking any legal advice/assistance as regards the same.
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Adv. Prerna Shukla
Mumbai | 700+ Answers
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Since your husband has sent a legal notice for divorce, you have several rights under Hindu law for yourself and your child.
1. Right to Contest Divorce
You don’t have to agree to divorce if you wish to save the marriage.
If you wish to proceed, you can negotiate better financial & custodial terms before responding legally.
2. Right to Child Custody & Maintenance
Being the mother, you have a strong claim for custody of your 17-month-old child under Hindu Minority and Guardianship Act, 1956.
Even though you earn more, your husband is still liable to provide child maintenance under Section 125 CrPC & Hindu Adoption and Maintenance Act, 1956.
3. Right to Alimony & Property Share
Despite earning well, you can seek alimony based on lifestyle & standard of living during marriage.
Though your in-laws’ properties may not be in his name, if they were acquired using his income, you can demand financial disclosure.
4. Action Against Privacy Violation
Secretly placing cameras without your consent is a criminal offense under Section 354C IPC & IT Act.
You can file a domestic violence case under Protection of Women from Domestic Violence Act, 2005 for privacy invasion.
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Adv. Kiran Ashok Gangurde
Navi Mumbai | 100+ Answers
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As you earn well no reason for asking maintenance but you can ask for alimony as term for divorce your child interest in the property of the father is protected he can claim through you or once he is major he can claim
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Adv. Rakesh Tiwari
PimpriChinchwad | 100+ Answers
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