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What are the grounds for claiming maintenance in a divorce
30-May-2023 (In Divorce Law)
I have been married for 2 years and we have a son who is 1 year and 5 months old. I have decided I cannot live with my wife anymore due to the following reasons: - Inability to perform basic duties of a house wife ( I feel she has a physiological problem, but she wont go to the doctor) - Inability to perform her duties as a parent - Physically, Verbally and mentally abusing me - Bad mouthing me and my family behind my back - Ruining my career ( Left my job in UK so we could live with my parents, hoping her behaviour would change) We tried out of court settlement but they are adamant that they will wait however long before i take them back. I want my son because I know she cannot provide him with a good lifestyle and she is an irresponsible parent. Can I sent a Divorce notice to provoke them? After notice is served is out of court settlement still possible? Currently unemployed and no properties in my name , can she ask for maintenance? Can voice recordings be used as proof in court?
As the child is just one and half years old then the court would give custody to the mother only if the situation is not extremely adverse for the child if kept in her custody. In this situation you can file for divorce and try to have a joint custody if divorce is the only option otherwise you can wait for sometime and claim custody of the child after he turns five years old.
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Adv. Samyak Raj
Delhi | 500+ Answers
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Hi,
Firstly try to settle the matter for the sake of the son as it is for his bright future either he will miss the mother or the father at the end of the day if you fight. If the issue is not settling then you can file case for divorce and contest the matter for all the pains and problems you have faced but the burden will be more on you to prove all the allegations against made your wife. If she files case even if you are un-employed you have to maintain her and your sons court will say. Voice recording as such is not been considered .
Firstly try to settle the matter for the sake of the son as it is for his bright future either he will miss the mother or the father at the end of the day if you fight. If the issue is not settling then you can file case for divorce and contest the matter for all the pains and problems you have faced but the burden will be more on you to prove all the allegations against made your wife. If she files case even if you are un-employed you have to maintain her and your sons court will say. Voice recording as such is not been considered .
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Adv. Mohammed Abdul Quadeer
Hyderabad | 400+ Answers
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