You are entitled to alimony
2) court would award you custody of child and maintenance for child
3) if there is substantial differences in your income you would get maintenance
My husband has filed divorce against me 2 years ago. He has also filed 5 fake police complaints and posting RTI every week to harass me. I have filed a transfer application on the basis of my three year old minor child and my job but I have to attend mediation dates and court dates. Kindly advise is it wise to sign divorce without demanding any alimony. As my husband denied to do so. How will it affect my child custody case? I want full custody of my kid and i am central government employee. Kindly advise.
You are entitled to alimony
2) court would award you custody of child and maintenance for child
3) if there is substantial differences in your income you would get maintenance
1) Mother is the best care taker of her own child than father, so in most of the cases court grant child custody to mother.
2) Regarding alimony your husband has to pay monthly maintenance to you and for child as well. You demand for alimony and monthly maintenance for child too. No matter whether you are working women or not.
3) Your financial condition is good, it's does not depend upon his money. But unless n until you give him divorce he can't remarry with another girl. So don't sign on divorce papers easily.
1. In a divorce proceeding the parties are to appear personally only on mediation and at evidence stage, on all other dates the presence of counsel shall suffice.
2. It is for you to decide whether you want to relinquish your claim to alimony. It will have no impact on child custody case.
3. If your husband has refused to pay alimony then you may sue him for maintenance by filing a DV Act complaint case to seek maintenance for yourself and child. Since you are a central govt employee you may not get maintenance but your child will get it.
1. Since you are central govt employee you are not entitled to any maintenance and hence asking for alimony form him may become a futile exercise.
2. So if you husband is so willing then go for mutual divorce without alimony which may make him agree for it without any delay.
3. Since the child is with you, then is no likelihood for the court to shift his custody to your husband.
4. In the petition for mutual divorce you can incorporate terms for visitation of the child.
See if you have job and you earn well to get out of this you can sign a mutual divorce with husband on condition that you shall not ask for alimony but husband shall have no right on child. A memorandum for divorce for mutual consent can be then made and presented in court on these grounds.
If this settlement is done then it would be peaceful for you and you can get custody of your child.
Dear Madam,
It is the absolute right of the husband to maintain his wife and children. There fore you should give up alimony and child maintenance. Regarding custody of the child the following information may kindly be read.
Landmark Judgement pronounced by SC dealing with guardianship & custodial and visitation rights to parents and children stuck in matrimonial disputes
In a remarkable judgment dealing with interim custody of child suffering in parent’s matrimonial disputes, visitation rights and guardianship, a 2 judge bench of Supreme Court laid down various propositions of law while awarding the interim custody till final disposal by the trial court to the mother. The bench speaking through Justice Vikramjit Sen, lays down very sharp observations and examines various definitions of a ‘guardian’, ‘visitation rights’ and tests the issue from the angle of provisions of Hindu Minority & Guardianship Act, 1956 and Guardian & Wards Act, 1890.In a custody battle between estranged parents, a minor child, who has not completed five years of age, shall be allowed to remain with the mother, the Supreme Court has ruled saying that in such cases child should not treated as a "chattel". The court said that under Hindu Minority and Guardianship (HMG) Act, a father can be guardian of the property of the minor child but not the guardian of his person if the child is less than five years old.
The Court said that there can be no cavil that when a Court is confronted by conflicting claims of custody there are no rights of the parents which have to be enforced; the child is not a chattel or a ball that is bounced to and fro the parents. It is only the child's welfare which is the focal point for consideration. Parliament rightly thinks that the custody of a child less than five years of age should ordinarily be with the mother and this expectation can be deviated from only for strong reasons.
The earning capacity of the parent does not determine custody, but the capacity to provide a safe and secure environment does. Even a mother who is a housewife can gain custody of the child and the father will be asked to provide child support.
The mother is the preferred custodial parent when the child is less than five years old. The opinion of a child who is over nine years old will be considered.
The non-custodial parent can get different types of access to the child based on circumstances and convenience. For example, court could grant weekly, fortnightly, daily or monthly visitation rights. It can be day or overnight access. It could also be free access with no fixed schedule, but as per the parents’ and the child’s convenience.
The parents can agree to a one-time amount or a staggered payment at different stages of the child’s educational life or a monthly payment with incremental increase. The child support should cover the child’s educational and nominal lifestyle expenses.
The court is parens patriae or the ultimate guardian of the child. So the child’s property is protected by law, and terms of custody, visitation and child support can be altered in changed circumstances in the interest of the child.
You can demand alimony at the time of divorce.
Both parents will have legal custody, but one will have the physical custody (childresides with him or her) and will be thechild's primary caretaker. Under secular law as well as Hindu law The mother usually gets custody of the minor child, under the age of five.
Dear Client,
Nothing went wrong if you not attend mediation and you can seek maintenance for your child. Pursue transfer petition and get the case transfer at your place.
Custody of child rest with mother but father being natural guardian, absolute custody in your favor not possible until father himself disown child.
And why you are attending court, appointed advocate will represent you.
Your child custody is totally different. If he agrees to give you complete child custody through mutual divorce then you can decide the same. But when if you contest you can get the same with alimony
Since you are a government employee, you may not be eligible for alimony however you may claim one time settlement amount to your child.
You can enter into a MOU with your husband incorporating all the terms and conditions that have been agreed between you both for the mutual consent divorce which may include child custody.
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