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Procedure to file for child custody and alimony
08-Mar-2023 (In Divorce Law)
Hi, My husband wants to have divorce with me, I have a 6 month child too. Just wanted to check on my rights on permanent and monthly alimony. Also how the child custody will be if initially my husband wants to keep my son. What if my husband leaves job but his both the parent are government employee so just wanted to check if I can get alimony. Also what will be the procedure to initiate the Divorce.
Your rights are as follows:
a) Monthly maintenance for you and your child up to 50% of your husband's gross salary from the date of initiation of suit.
b)You are eligible for maintenance either life long or till the time you re marry. Your child is eligible for marriage till the child achieves 18 years of age(if it is a male) and till the time of marriage if it is a girl child.
c) Both of you are eligible for a share of his self earned and ancestral properties in addition to maintenance.
d) Child custody will be with the mother till the boy is 7 years old. not negotiable in court of law.
e) Irrespective of whether your husband is working or not, he needs to pay the maintenance decreed by court. if he is not earning, he needs to pay maintenance from his ancestral property and self earned properties.
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Adv. Rajagopalan
Hyderabad | 500+ Answers
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