you would be granted sole custody of your child
2) your husband has to maintain you and child
3) court can direct husband to pay around Rs 70000 a month as maintenance for you and child
4) legal fees vary depending upon lawyer engaged by you
I am a currently unemployed mother of a seven month old boy living with my parents. My husband lives in another city and he and his parents have been abusive to me since our marriage five years ago. He has been sending Rs 20,000 per month for our child but that's all he has done, no responsibilities taken or anything. He has been out of contact since the last one and a half month too. Today, his parents came and harassed me for taking that money. I have asked him to stop sending any money before any legal procedures are taken. My question to you is, if I go for divorce (which I will) which is the correct way to do it? What should I do now? Can I take the sole custody of my child? My husband earns upwards of 3 lakhs/month, shouldn't he have to pay child support, since I am not working? How long should this entire process take and what are the legal fees?
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you would be granted sole custody of your child
2) your husband has to maintain you and child
3) court can direct husband to pay around Rs 70000 a month as maintenance for you and child
4) legal fees vary depending upon lawyer engaged by you
See you can file a complaint first for harassment against husband and family then if they plead for settling for amount and mutual divorce and offer is acceptable then you can take that and go for mutual divorce along with settlement amount custody of child.
further in case they do not come forward for settlement peruse the case of harassment cruelty file contested divorce seek maintenance for yourself and child.
Ground for divorce will be mental cruelty and verbal abuse. Obligatory on father to contribute in his child maintenance. HE is not doing any pious job by paying child maintenance , on the contrary, he shall be scolded for leaving child with mother.
Up to 5 years of age, custody rest with mother only. And you can approach court for sole custody too. You are entitle to around 30% of his salary in maintenance.
Apply for maintenance. Court will order interim maintenance with in a month than trial can go on. Fee will decide acc. to reputation of lawyer.
Or you can approach Mili shah, reasonable and handy.
1. yes he will have to pay the child support and will also have to pay for your support.
File a petition under section 125 of the cr.p.c and thereafter file a case of divorce on the ground of mental cruelty
You keep the custody of the child, if they demand the custody then they will have to file a case for the same.
Regards
Hi,
You are suggested to first talk to your husband for mutual consent divorce as also for alimony, child custody and support money etc. If he is agreed to pay as per your demand, go for mutual consent divorce. If he is not ready for the same, go for mutual consent divorce under grounds of cruelty, ask for maintenance and child custody also. It will longer time for decision if contested by your husband.
if you decided to terminate the matrimonial relationship, then,
try to settle the matter amicably with your husband involving elders/relatives/friends etc and go for Mutual Consent Divorce which will be decided in 6-18 months, and you both will be free to live life with your wish,
if failed, fire them,
498a complaint
Domestic Violence case
maintenance,
Once all litigation started he will surely settled for MCD with a handsome amount of alimony
You shouldn't go for divorce as of now.
Apply for alimony and monthly maintenance under section 125 CrPC.
Court may grant 25-30% alimony per month of your husband income.
If you require any further help do let me know.
If you have decided to file a divorce case, in case he is not agreeing for mutual contested divorce then you may file a contested divorce on the grounds of cruelty.
The child shall remain in your custody till it attains five years of age, after that if he wants the child custody he may have to file a petition before court seeking child custody, which you can challenge.
As far as maintenance you may seek monthly maintenance or one time settlement also (provided he agrees for that).
The court may grant upto 35 to 40% of his take home salary or the proven income.
The entire process may take at least two to three years to get disposed.
Maintenance is adjudicated in 60 days, you should pull him and his parents to police station over joint meeting so that they take you back, there is a process which needs to be discussed, and you can go back and stay with dignity
1. You can file a divorce suit on the ground of cruelty by submitting evidence in support of your allegation.
2. You can also file an application seeking maintenance for yourself and your child. Ordinarily Court awards around 1/3rd to 1/4th of the net monthly earning of the husband to the wife as maintenance. maintenance amount bfor the child will be extra.
3. Motherv is considerd as the natural guardian of her child up to his/her 5 years of age. So, if you file a child custody case, you will get the favourable order from the Court.
for custody of child you have to file petition under section 7 of guardianship and wards act.
Usually, the mother gets custody of minor, but in case the mother is careless or ignorant towards the child, to the closest female relative. In case there is not= female relative, the father can get it.
it depends upon the lawyers grade and status. so it vary from lawyer to lawyer.
you try to take a mutual divorce and decide the terms with your husband. Decide a mutual lumpsum almost for you and your child and also decide child custody in your favor. If he is not ready then you need to file contested divorce and child custody case
Dear Client
If you want to go for Divorce then you should File a Petition for Divorce in Family court under section 13 of Hindu Marriage act on grounds of Mental an physical Cruelty and dissertion by spouse.
Also you should file a maintenance Case Under section 125 CrPC for maintenance of you and your child. court will order around 1/3 of your husband salary to be given to you for maintenance.
Also if you want to take strict action then you should file a complaint under Domestic violence act in the court of Judicial Magistrate.
Now about child custody the custody of child will be given to mother till the age of 5 years Until there is some exception.
Legal fees depends on the lawyer you choose.