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Maintenance, child custody and divorce petitions


07-Apr-2023 (In Divorce Law)
Sir,nMy wife left marital house 1.5 years back and took my son along to her maternal home. I left my job 3 years back to take care of my infant as we both had a hectic lifestyle. However, due to disagreements and my wife's bi polar nature, our bickering turned into major fight in 2020 during covid. Now she is not ready to come back due to which I am planning to file divorce case against her along with my maintenance and child custody. I have few queries-n1) Do we need to file separate petitions for maintenance, child custody and divorce? If yes, will each petition be treated as separate case and separate visitation charges from the lawyer?n2) What are the chances of me getting maintenance from my wife even if I file separate petition for it? Can it put pressure on her to come to table for mediation?n3) What are the chances of me getting child custody on ground of her mental health issue(bi polar nature)?What's the average time for the resolution of child custody case?nnRakesh
Answers (3)

Answer #1
728 votes
hello client as i can see your issues is seems to be very much genuine issue in this matter yes you really deserves the child custody and divorce as well as the 3 cases you are willing to file all the cases will be seperate case all will have sifferent charges and different timming as well . we need to have full documentation to file your case.
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Answer #2
982 votes
Yes you can take Maintenence from your wife if she has left infant with you but that depends on lots of thing like what is your income & hers ..even she is feeding your son etc … Subsequently you have have asked multiple questions but we need for clear facts to guide u .. thanks
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Answer #3
841 votes
Hello..while your questions are very pertinent it is better that they are answered after a detailed discussion regarding the facts of the case. Issues like cost of litigation etc can only be determined depending on which court the case has to fought after fully understanding all details. Please contact for a detailed discussion.
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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