• Alimony matter - she stopped give divorce and not giving visitation of child

If divorce not given she not showing my child to see?
She asking 7lakh one shot payment and blockmailing me to put diffrent cases against me what i do ?
I don t have a one shot money with me i can give montly 5thousand for maintaince of child but she asking one shot payment what i do ?
Asked 4 years ago in Family Law
Religion: Hindu

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15 Answers

You can file a contested divorce against her and also claim visitation rights for the child in court. You can pay the alimony of awarded by court on monthly basis

Prashant Nayak
Advocate, Mumbai
31964 Answers
180 Consultations

4.1 on 5.0

You can agree to give divorce by mutual consent 

 

2) express your inability to pay lumpsum Rs 7 lakhs as alimony 

 

3) offer to pay Rs 5000 as monthly maintenance 

 

4) no need to bow down to pressure tactics 

 

5) if she threatens to file false cases against you record her threats 

 

6) you can file petition in family court seek joint custody of your child 

 

7) seek interim visitation rights for your child 

Ajay Sethi
Advocate, Mumbai
94790 Answers
7549 Consultations

5.0 on 5.0

Immediately complain to police of kidnapping of your child for extortion of money by your wife Under section 361 and 383 of IPC. 

Do not give any money to her. Wife is under marital obligations to stay with her husband except for any justifiable reason.

You are the first lawful guardian of your child having full right of custody of your child. Not your wife.

If police do not take any action complain directly to magistrate u/s 156.

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

5.0 on 5.0

Don't give one shot money as she may have to perform second marriage, so you insist court that you're not eligible to pay alimony more than 5k per month to her.

Ganesh Kadam
Advocate, Pune
12930 Answers
255 Consultations

4.9 on 5.0

See for child you can file for chaltey and visitation rights before the family court along with an application seeking interim visitation rights.

Further if your wife is not staying with you and not ready to continue with you file police complaint she is intimidating for filing false case to take money further file divorce on ground of cruelty against her.

Also in my view in your case best thing to do is bargain on amount make some.settlement and take mutual divorce.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Hi,

You are suggested to inform the court and file application for contempt of court, if there is an order of child visitation.

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

Do nothing, apply for child custody in court. If she files for maintiance than can offer 5k. One time payment not advisable.

Yogendra Singh Rajawat
Advocate, Jaipur
22654 Answers
31 Consultations

4.4 on 5.0

Issue notice to her, after getting her reaction, file for divorce and also custody / visitation of child.

Be prepared to face cases likely to be filed by her viz., Sec.498-A, Sec.125 & Sec.24, DVC ……..

If you get information about 498-A, immediately obtain bail and contest.

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

You can pay monthly and can get to visit the child. Have you engaged a counsel?

Regards 

G.Rajaganapathy 

Rajaganapathy Ganesan
Advocate, Chennai
2132 Answers
8 Consultations

4.9 on 5.0

Dear Client,

Please, convince the court in your favour by showing your income and williness to pay on monthly basis. 

Jaswant Singh
Advocate, Gurugram
929 Answers
2 Consultations

4.8 on 5.0

If wife is not allowing you to meet your child then you may file a custody and guardianship petition seeking visitation rights from the wife for your child.. 

A wife is entitled to same living standard as maintained by the husband. The court decides maintainence of wife depending on financials of the husband.

 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

You need to file divorce case along with visitation rights of your child.

And you don't want to divorce your wife first file RCR petition to get back your wife and child.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

Dear Sir,

There are so many alternative ways to solve your problem. In the meanwhile get salary certificate with minimum wages so that you can avoid payment of huge alimony.

Kishan Dutt Kalaskar
Advocate, Bangalore
6136 Answers
487 Consultations

4.8 on 5.0

If you cannot give the money she demanded, then you can refuse  and ask her to go ahead with her false cases.

In that event you may first obtain AB and then challenge her false cases properly in the trial proceedings.

You can file a case for child custody and seek visitation rights as interim relief.

If the situation is intolerable then you may file a contested divorce case on the grounds of cruelty.

T Kalaiselvan
Advocate, Vellore
84980 Answers
2205 Consultations

5.0 on 5.0

Dear Sir,

File child visitation case in family court and get order.

First, legally, she cannot simply leave with the kids. Even though this has seemingly happened for years, the mother has no more right to the children than the father, especially if there is no divorce or custody agreement in place. As a married couple, you share joint-legal custody of the children.

How to Apply for Visitation Rights

  1. Try to reach a mutually agreeable visitation arrangement. ...
  2. Outline the terms of your agreement in a petition for visitation rights. ...
  3. File the petition with the clerk of the court. ...
  4. Serve the petition on the other parent. ...
  5. Attend mediation. ...
  6. Attend hearing on the case. ...
  7. Fulfill any special requirements.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

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