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queries regarding child custody and maintenance thereafter
15-Aug-2023 (In Divorce Law)
If I take divorce from my husband and court decide ex parte divorce due to non availability in court of husband then the custody of my only child completely with me or he can apply when he wants ....I already file a domestic violence case and divorce case, after divorce can I eligible for maintenance of my kid or if I withdraw my case of divorce any action take against me as per law pls advise
Dear client as you want the custody of the chjld it depends upon you facts and the age of your child if u having sufficient neans to nurture yiu child then it goes on your favour and ultimately the consent of the child also taken in to consideration
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Adv. Sanjeev
Delhi | 100+ Answers
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Yes your husband can set aside ex party decree with proper cause by applying to court. After divorce you can get maintenance for u and ur kid but problem is maintenance is paid by husband n ur husband is not available at court.
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Adv. Arpana Kumari
Delhi | 25+ Answers
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Hello,
Divorce case and custodial proceedings are different in nature. Has the court ordered for a first motion or is it still pending? Although, a reasonable DV case adds up to the custodial proceedings in your favour.
Regards
Divorce case and custodial proceedings are different in nature. Has the court ordered for a first motion or is it still pending? Although, a reasonable DV case adds up to the custodial proceedings in your favour.
Regards
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Adv. Abhishek Yadav
Delhi | 25+ Answers
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Hi,
you should first claim maintenance for yourself and child.
Your husband is entitled to maintain you and the child.
If you settle for one time payment in divorce then he shall not pay in future.
For more information feel free to have a word with me.
All the best
you should first claim maintenance for yourself and child.
Your husband is entitled to maintain you and the child.
If you settle for one time payment in divorce then he shall not pay in future.
For more information feel free to have a word with me.
All the best
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Adv. Sahej Uban
Delhi | 500+ Answers
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You being a mother will always have a riggt to ckaim maintenance and custody of your child irrespective of divorce. However, you will have to file appropriate applications/petitions for the same. You must have claimed custody in your dv petition.
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Adv. Prashant Kumar
Delhi | 100+ Answers
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