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Divorce and Maintainance related query
26-Oct-2023 (In Divorce Law)
I was married under hindu marriage act in 2011 . But since 2015 staying away from husband due to domestic violence. I have one child of 6 years born in 2012. So since 2015 the cases for DV , Maintainance, Sec498A is going on. They have also filed a case against me for child custody recently. My concern is that they have stated in court that i am working and earn this much to take care of me and my son as well which is not true I am earning but it is barely meeting ends ; I and my son are still dependent upon my old and retired father. My husband has notified the court that he has resigned the current company and is not working any more hence unable to pay any compensation. I just want to know whether there is any probability that I can get Maintainance from him as he was earning in lakhs per month before resignation and also he does not have any kind of family liability upon him and also what will happen to child custody if he is not working. I don't want to give the child to him.
पहली बात तो यह कि आपके पति नौकरी करें अथवा नहीं करें, उनको आपको और बच्चे, दोनों को ही भरण-पोषण देना होगा।
दूसरी बात यह कि आप यदि कमाती भी हैं, तो भी भरण-पोषण प्राप्त करने की हकदार हैं।
तीसरी बात यह है कि, चाइल्ड कस्टडी के केस में अन्य बातों की अपेक्षा अधिकतर न्यायालय यह देखता है कि बच्चे का भविष्य कहां अधिक सुरक्षित रहेगा।
Helpful?
Adv. Sumit Agarwal
Jhansi | 200+ Answers
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Dear client,
You can file maintenance case against your husband even if you are working. Because the maintain to child is responsibility of both parents father and mother. He can not deny the same. Because your son is minor he can't take custody of your child
Helpful?
Adv. Sanju Lata
Allahabad | 100+ Answers
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no ts the liability of the husband to take care of the child as well as of urs 2 unless until divorce decree do make emphasis on ur maintenance case first an do apply for rti in income tax n get the detail of his earnings u must be knowing better about it from where his earnings come from when maintenance will be fixed then u will be able to litigate the further matters further or consult a better lawyer for it.
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Adv. Rahul Rathi
Allahabad | 700+ Answers
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