Clarification on child custody and maintenance for child after divorce


a hindu married woman, ive been married for 4 years. I have a one year old daughter. I have been steadily employed earning a modest salary. My husband on the other hand has been throughout our 4 year marriage been unemployed for a major portion of it out of sheer unwillingness to work. The responsibility of the upkeep of my baby and her needs has squarely fallen on my shoulders. Even in his current business he is not actively working thus not earrings as per his potential.. After numerous interventions we have finally agreed tp get a mutual consent divorce. Seeing the current scenario will i get any child support? Also as he is his parents only child will my daughter have any rights on my father in laws self acquired property. Also how should i arrive at a lumpsum child support amount as he is currently willingly underemployed.

Answers (3)


260 votes

Dear client, in this case instead of an advocate as my daughter suggest you,what was the position if he was in service and u unemployed, can we accept this as a cause of divorce, if he has no any bad habit, as he loanly son he might be some what lazy, he will take care of your children. Advice him proper business in which your attention may be possible,even court will not accept this cause of divorce.


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158 votes

Your daughter's maintenance education expenses till she attain major is your husband's reponsibility, you can get through court and she has right in your father in laws property, if it is ancestral. You can engage a family court lawyer and ask for your daughter's maintainable expenses even if he is unemployed, he can not get away with a excuse.

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You can get the sole custody of your daughter. She has the right in the ancestral property of her grand father by birth. In case if grand father dies intestate then again her right in her father's share. But if he makes a will then as per the contents of will.

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