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Wife does not want to live together but i want my child back to me
28-Jul-2023 (In Divorce Law)
Dear Sir/Mam
I am Ram from mumbai, sir i got married in 2013 by all HINDU rituals and having one son of 3 years old.My wife gone to her mother house with my son and she is not willing to come back to my house and not even allow me to meet my son.Sir she is threatening me to file a divorce case against me . Sir she is financially very strong and having good job and car and on other side i am not that financially sound and my house is my mothers name . Sir i am not in any position to give any kind of alimony and maintenance please help me with below :
1) can she ask for alimony or maintenance from me and Sir if wife is earning more than husband then also husband has to give the alimony ?
2) what about child as i want the mutual custody of child and if not mutual i want weekly vising rites to my son.
3) Can she take my son abroad without my permission (before OR after divorce both )
please give me clarity on my questions.
Many Thanks. Ram Kumar
I have perused the contents of your query and would advise you to seek a detailed consultancy from a lawyer having expertise in matrimonial cases. Better particulars are required to advise you on this issue in detail. Further advise you to promptly file an intallah peshbandi with the concerned authorities.
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Adv. Anubhav Kathuria
Delhi | 500+ Answers
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if your wife is financially sound and has independent source of income sufficient to maintain herself then no question the f maintenance or alimony arise nor you have any liability in this regard.
1. No she is not entitled to maintenance or alimony by your are required to prove this fact by evidences.
2. you can file case claiming custody of the child and rest shall be upon court.
3. Till the age of five years mother is natural guardian of the child but you being father have every right to meet the child. you can file case for mandatory injunction to stop wife from leaving jurisdiction of court.
1. No she is not entitled to maintenance or alimony by your are required to prove this fact by evidences.
2. you can file case claiming custody of the child and rest shall be upon court.
3. Till the age of five years mother is natural guardian of the child but you being father have every right to meet the child. you can file case for mandatory injunction to stop wife from leaving jurisdiction of court.
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Adv. Siddharth Srivastava
Delhi | 100+ Answers
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