• Divorce

my sister working as government school teacher     , brother in law working in railways   due topersonal cauces they are applying for divorse
 they had 8yrs old girl and 6 yrs old  boy
q1    what about children after divorse ,whether it is possible to take my sister both children 
q2 can my sister apply for compensation as she working
q3 can we book the case under domestic violence as marrietal life 12 yrs
Asked 2 years ago in Family Law from Vizianagaram, Andhra Pradesh
Religion: Hindu
What are the personal causes? Is there any violence involved? If no, then you can not file for domestic violence. Daughter will remain with the mother. Since she is working and capable of taking care of children, the court might give her custody of both the children. Your sister can claim maintenance for children. Contact a good lawyer nearby your area.
Rajni Sinha
Advocate, Mumbai
273 Answers
25 Consultations
4.8 on 5.0
for how long your sister is livingseperatly with her husband.as far as custody of childern is concerned you or your husband can mutually decide by going for mutual divorce or hf he is not interested in giving custody of any child then she will have to fight for custody of childern,as the court will see welfare of childerns and then accordindly give the custody
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
1) your sister wants children custody . generally courts award custody of minor children to the mother , father gets visitation rights . 
2) since both your sister and are husband are going  for divorce by mutual consent in consent terms provide that custody will be given to mother only . 

3) since your sister is working she wont get maintenance but   will get maintenance for 2 minor children . 

4) filing of domestic violence will aggravate the issue . better arrive at an amicable settlement
Ajay Sethi
Advocate, Mumbai
23240 Answers
1219 Consultations
5.0 on 5.0
1) if husband is maintaining a girl friend and is having an extra marital affair contact a detective agency . gather evidence of the relation ship . 

2) contact a local lawyer and file criminal complaint  for adultery  against the husband  . 

3) don't file case for domestic violence . since wife is working and drawing a decent salary she wont get maintenance but as mentioned earlier she can get maintenance for the kids . 

4)you had mentioned that  wife and husband are applying for divorce . all these claims can be provided for in consent terms . 

5) if talks fail and wife has evidence she can file for divorce on grounds of adultery and make husband girl friend co respondent
Ajay Sethi
Advocate, Mumbai
23240 Answers
1219 Consultations
5.0 on 5.0
1. If your sister and brother-in-law are applying for a joint divorce on the basis of mutual consent then they may by a consensus decide as to who will retain the custody of children. 

2. In the event that no consensus is reached amongst them then your sister can agitate the issue of child custody before court by filing a separate case for child custody.

3. Since your sister is employed she will not get any compensation. However, her children will get financial support from their father. A DV case will be futile.
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0
1. If your brother-in-law backtracks from filing divorce by mutual consent then your sister may unilaterally apply for divorce on the ground of her husband's infidelity. She will require supporting proof in court, which can gathered by hiring a detective. If she succeeds in collecting proof of her husband's infidelity then she may even file a criminal case against her husband on the ground of adultery. Your brother-in-law can be jailed on conviction.

2. Filing a DV case will be futile as your sister is employed, so she will not get any penny as compensation. She may though seek financial support for her children.
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0
if your sister decided to go for mutual consent divorce each & every issue is decided in such divorce petition. in any she may ask maintenance for children
Avdhesh Chaudhary
Advocate, Greater Noida
565 Answers
20 Consultations
3.9 on 5.0

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