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Divorce & child custody of 2.5 years old son or separation?


24-May-2023 (In Divorce Law)
I am a HINDU working woman and a mother of 2.5 years old boy. My marriage is regd. I do not want a divorce but want to stay separate, so that we both cannot get married in future. I want that the child stays with his father & not me as I am living alone, not financially much strong & won't be able to properly raise him,my husband has huge family,they can take care of him.But I'm not sure if he would be ready to take my son? Also, how scenario would be if court forces my son's custody on me,how much I can claim from my husband.Can I claim his property & my Father-in-law's property as well?what if he stops paying alumini & maintenance to me.Am i eligible for alumini or his property,since I am earning?Please please advise what would be better, filing for divorce or separation & consequences of both?what if I just want separation but my husband files for Divorce?His salary is morethat 1 lac,mine is about 30,000 per month.
Answers (2)

Answer #1
523 votes
on the abovementioned query please file immediately a suit for maintenance under section 125 cr.p.c. in the concerned family court, in which the applicant's are (1) you and (2) your son. if your husband's income is around 1 lacs and yours income is around 30,000/- then the maintenance is applicable on remaining 70,000/-.
when the notices served on the opposite parties of the above noted case, then the opposite party files a case for the child custody in the guardians and wards act in the concerned district judge or sessions court.
yes you can claim yours share in your husband's and in - laws property.
Answer #2
790 votes
dear client if you want to stay away from ur husband you may a case for judicial seperation. secondly as you have asked about maitainance if you are working still you can ask maitainance for ur child which will be as per the income of your husband. so you may go ahead. for more brief u may call me in case of need.

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