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Regarding child custody and settlement what to do
06-Jun-2023 (In Family Law)
I'm a Hindu married to a person of same caste and religion which is arranged by parents of both the sides. Right from my marriage day 1full of lies regarding his job and family background. Right now I'm having a female kid who is 3 years old he is not at all paying attention to us financial or or even emotionally. . They had one property which is owned by my father in law they sold it but not given even a single rupee to me. He is asking divorce and saying I don't have money to pay for your settlement and forcing me for mutual. He says all property is in my moms name I don't have anything as of now but surely I will give you later. How can I believe him bcoz he never kept his promise he never paid any thing for our child kindly help me to get settlement provided his monthly salary might be around 15 to 20 thousand as of now
First explain to your husband that you are not in a financial position where you can maintain yourself and your child. If he pays you a decent amount then it's well and good. Otherwise you ought to file a case for maintenance under section 125 Cr.P.C and it doesn't matter in what financial condition your husband is but he will be compelled to pay some amount in maintenance for your child at least. And if you are unemployed then the court will award some maintenance to you as well. Further, you should also file a case of domestic violence against your husband.
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Adv. Samyak Raj
Delhi | 500+ Answers
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If you do not have any faith in him, it is better not to agree for divorce by mutual consent. When the divorce proceedings commence, you may make out a strong case for getting your lawful dues, citing maintenance for you and your child.
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Adv. Swaminathan Neelakantan
Coimbatore | 400+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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