Procedure to claim alimony and child custody when file for divorce

545 votes

There are remedies for everything. 1. You can apply for custody of the kids under the guardianship and wards act. 2. Section 125 of code of criminal procedure you can claim maintenance 3. You can file petition for divorce under section 13 of the Hindu marriage act. ( if you are a Hindu

Advocate Sushant Kareer LawRato

886 votes

The grounds for contested divorce are fixed. You need to explain those reasons. The kids depend upon person who is willing to join them and they also feel secure and attached with. Else father has to pay for their future, education etc till they attain age of 18. Alimony, child custody and divorce are part of family destruction therefore Courts have nothing personal and depend upon couple who need divorce. You need personal consultation for aforesaid points.

Advocate Rajiv Sharma LawRato

830 votes

You can file a divorce petition in district court only on the grounds provided in the relevant law.... And simultaneously an application for interim maintenance as well as custody of child. Once the divorce has been granted the court may grant you permanent alimony.

Advocate Abhishek Mittal LawRato

517 votes

In order to give you a satisfactory answer i need to know whether you are husband or wife. Alimony is to be given by the husband or wife depending upon the case. If a girl has means to earn and sustain herself then courts now days do not grant alimony or even if they do so that is generally one time. Custody of children is a question of fact. The custody goes to the parent who can raise them well. It is generally seen that the custody should be for the betterment and in the interest of the child. So depending on a parent’s job social status behaviour one can get custody. I can answer your query in a more better way if you can clear whether you are husband or wife.

Advocate Amandeep Singh Nirmaan LawRato

625 votes

In order to give you a satisfactory answer i need to know whether you are husband or wife. Alimony is to be given by the husband or wife depending upon the case. If a girl has means to earn and sustain herself then courts now days do not grant alimony or even if they do so that is generally one time. Custody of children is a question of fact. The custody goes to the parent who can raise them well. It is generally seen that the custody should be for the betterment and in the interest of the child. So depending on a parent’s job social status behaviour one can get custody. I can answer your query in a more better way if you can clear whether you are husband or wife.

Advocate Amandeep Singh Nirmaan LawRato