Intending to seek divorce and maintenance for child

Question

Intending to seek divorce and maintenance for child

31-May-2024 (In Divorce Law)

I’m married for 5 yrs, my husband & in-laws have gaslighted, mentally harrassed & financially abused me. Their only motive is my money. I have a 5 month old son & I’m at my maternal home. My salary is much higher than my husband, still can I get a one-time maintenance amount for my child. I want to keep child & dont want to give even meeting rights to his father, as they will brainwash my child against me. They are asking for mutual divorce from me without any payment & streedhan. Pls advice.

Answers (4)

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Adv. Hariom Dubey Adv. Hariom Dubey

Varanasi / Banaras | 25+ Answers

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Advocate Rajeev Srivastava LawRato · Accepted Answer · 2024-06-01T01:46:54+05:30

Answer #2

hello, I have seen your query carefully and found that you are willing to give divorce to your husband on a mutual consent basis, but you don't want to give visiting right to your husband to meet his child and also want one time amount for welfare of your son. I am of the opinion that you can not force your husband that he will not meet his child. According to the various judgments of the HON'BLE SUPREME COURT, the father has full visiting rights to meet his child, According to the Guardian and Ward Act, the mother only has right to custody till the age of 5. Thereafter, the court will decide the question of custody of the child for the betterment. you also legally asked one-time maintenance amount for your child. you can only get maintenance under Section 125 of Cr.P.C on a monthly basis. if you need any further information or legal advice please feel free to contact me without any hesitation through the administrator of this website

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Adv. Rajeev Srivastava Adv. Rajeev Srivastava

Ghaziabad | 400+ Answers

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Advocate Shashvat Bhatt LawRato · Accepted Answer · 2024-06-01T07:18:55+05:30

Answer #3

hello mam I m advocate Shashvat bhatt mam aap kaha se hai 1stly mam agr aapke sth aise situation a gya so aap mutual consent 13b file kr dijyea lawyer apke husband se bat kr lega settlement ho jaygaa don't warry aur child ke liye apko High se custody dila skte hai so don't warry madam

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Adv. Shashvat Bhatt Adv. Shashvat Bhatt

Lucknow | 50+ Answers

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Advocate Rajeev Kumar LawRato · Accepted Answer · 2024-06-01T08:16:49+05:30

Answer #4

As you told that you were married 5 years ago and currently you have a five month old newborn baby but your husband beats you and wants to divorce you. You want to get maintenance and maintenance for your children and your wife's money. Want to do it but as you said you work more than your husbandIf you come and can raise your children better than them, then in such a situation only you can demand money for your children only if your divorce is by mutual consent

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Adv. Rajeev Kumar Adv. Rajeev Kumar

Bijnor | 700+ Answers

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