There should not be major difference 

2) file application in family court and seek visitation rights for your daughter 

Maximum interim and final orders area same or little up and down. Not much difference.

Parent Who Is Denied Custody Shall Have Right To Talk To Child Everyday. And obtain order from court to visit child in police protection to avoid any false cases.

You will get visitation right from court.

If divorce is inevitable, bitter battles cannot be the option to settle issues of child custody and access. Custody of a child, when parents divorce, only implies as to who the child will physically reside with. Both parents continue to be natural guardians. Family law courts generally base decisions on the best interests of the child or children, not always on the best arguments of each parent. In general, courts tend to award PHYSICAL child custody to the parent who demonstrates the most financial security, adequate parenting skills and the least disruption for the child. Both parents continue to share legal child custody until the minor has reached the age of 18 or becomes legally emancipated. Legal custody means that either parent can make decisions which affect the welfare of the child, such as medical treatments, religious practices and insurance claims. Physical child custody means that one parent is held primarily responsible for the child's housing, educational needs and food. In most cases, the non-custodial parent still has visitation rights. Many of the religions practicing in India have their own personal laws and they have their different notion of custody.'

Factors Considered by the Courts when Granting Custody

# The welfare of the minor is very broadly defined and includes many diverse factors, notably:

# the age, sex and religion of the minor: courts take into account the personal law of the father). Thewelfare of younger children is generally regarded as being in the mother's custody;

# the character and capacity of the proposed guardian: courts usually reject baseless allegations against mothers;

# the wishes, if any, of a deceased parent, for example specified in a will;

# any existing or previous relations of the proposed guardian with the minor's property: courts do not look kindly on guardians seeking custody just in order to have control over the minor's property. But if, for example, the minor's property is shared with the mother and she is otherwise a suitable guardian, the court will regard the property relationship as an additional factor in the mother's favour.

# the minor's preference if she/he is old enough to form an intelligent preference, usually accepted as about 9 years old.

# whether siblings would be divided: courts prefer to keep children united and award custody of both to either the mother OR the father.

# whether either/both parents have remarried and there are step-children: Although the mother's remarriage to someone who is not the children's close blood-relative often means the court will not grant her custody, this rule is not strictly followed. Although the father's remarriage usually denies him custody, sometimes the courts agree to grant him custody especially when the children's step-mother cannot or will not have her own children.

# whether the parents live far apart: courts sometimes do not give the mother custody because she lives very far away from the father who is the ‘natural' guardian. But in 1994 an Uzbek woman living in Uzbekistan was given custody; the judge said modern transport had shortened distances and meant that the father could depart from his home in the morning and return by evening.

# the child's comfort, health, material, intellectual, moral and spiritual welfare: this very broad category includes the adequate and undisturbed education of the child.'

File Custody application and interim petition to produce the baby before the court and ask day custody in court premises. Definitely the court will pass an order in favour of you.

Maintenance means appropriate food, clothing and lodging that are necessary for one's sustenance. But in an extended meaning, it includes also the expenditures that are incurred towards health and education. In case of children mere maintenance of the body is not sufficient.

The Supreme Court of India has held that no fixed formula can be laid for fixing the amount of maintenance. It has to be in the nature of things which depend on various facts and circumstances of each case. The court has to consider the status of the parties, their respective needs, the capacity of the husband to pay, having regard to reasonable expenses for his own maintenance and others whom he is obliged to maintain under the law and statute. The maintenance amount is calculated (approximately) by taking into account the total monthly take home income (ie. without tax) of both the spouses. The educational background of the spouses, the number of years of marriage, number of children and child custody are also major factors, which govern the maintenance amount. Maintenance amount can also depend on who well the lawsuit has been fought by the advocates of both parties. The spouse with lesser income or no income can get a maintenance amount, which will make his/her complete earnings (plus maintenance) to be equal to 20% to 30% of the above total monthly income. If a woman’s income is at least half of her husband’s income, then most often she may not get any maintenance.

In fixing the maintenance, the status of the parties and the income of the opposite party need to be considered.” The discretion enjoined on the Magistrate should be exercised in such a manner that it does not permit the applicant to lead a luxury life and at the same time not to drive her to a starving life. it must be modestly consistent with the needs and requirements of the wife and the status her family is accustomed to.

Looking at the burden on the husband to provide maintenance to his wife even in cases where the wife is well educated and capable enough to earn for her living, a bench of S.A. Morey gave a landmark judgment in favour of husband to curb the misuse of the provision of maintenance, and held that a wife who is well qualified and is capable to earn cannot sit idle and claim maintenance from her husband. The Court relied on Mamta Jaiswal v. Rajesh Jaiswal, where it was held that “well-qualified wife is not entitled to remain as an idle and claim maintenance from her husband”.

It depends on court but ideally not much difference

Yes you can file visitation rights in the said case

No....court will decide the same. Visitation is matter of right and you will definitely get it unless in exceptional cases. 

Did she file a petition seeking maintenance,  in that case you may repudiate her claim for maintenance by producing documentary evidence for the salary income she is drawing. 

You can file a child custody case and in that you can file an application seeking visitation rights. 

You can file the petition even now.

Before filing the child custody case why do you get this negative thought. 

You will get visitation rights on the basis of the arguments you may present in your favor. 

- As per law, a well qualified wife, who is having the earning capability & capacity, but desirous of remaining idle, is not entitled to claim any maintenance from her husband. 

- Further, as per Supreme Court , if wife is in a better financial position than husband who is not having good job  and has no land, then it is unnecessary to pay any maintenance to the wife, 

- Further , wife’s income has to be taken into account while determining the amount of maintenance payable to her. It is not an absolute right of a neglected wife to get maintenance nor it is an absolute liability of husband to support her in all the circumstances, 

1. If you submit her income details and other grounds before the court , then there is chances of decrease the maintenance , and generally 1/3rd of husbands income is awarded to wife. 

2. Your case cannot be attached with the visitation right and custody of the child , hence you can move an application for the same or also can file child custody case.

It all depends upon what you earn. But if she is earning then she cannot ask for maintenance although she may demand maintenance if she is maintaining the child.

File a habeas corpus petition in the high court LUCKNOW immediately for child custody and illegally detaining your child.

Your lawyer should go ahead with the remedy i am suggesting.

Answer to question No 1 is it depends upon Court and both the parties and their respective earnings and capacity of standard of living. 

2- You may approach the Court for Custody of child and visitation rights under the law.You would definitely succeed. 

It appears that your wife is not earning sufficiently to maintain her self and child and you are giving the interim maintenance as ordered by the court.

the final maintenance may differ because of the court will consider the educational and maintenance expenses of the child as well as your wife without considering her job which might be in a primary school and will not be shown as income and will be considered by the court based on your social and economic background.

So for as the custody of child is concerned it will be good to file as you are providing the maintenance for the child and she is more than five years of age this will give you the opportunity in case you do not get the opportunity to custody of the child definitely will get the visitation right.

At the same time if you are not looking for divorce you have to find Restoration of conjugal rights under section 9 of Hindu marriage act to get your wife back that will also helpful in case you filed a divorce petition if she is not complied to court orders in this regard.

Dear sir,

1. The difference between the amount depends on the income of both the spouses. If the wife is earning sufficient income, the court can even refuse to award maintenance to her and direct you to pay only for the maintenance of your daughter. 

2. The best way to deal with the situation of custody is to agree mutually upon the visitation rights, if at all you are able to convince your wife. While meeting your child you can secretly keep an audio record of the meeting in order to counter any false allegation. 

If this doesn't work out, then it is advisable that you file a petition for custody too. 

The custody of child is usually given to mother if the child is less than 5 years old. Now that your daughter is over 7 years, the decision of custody would be taken by courts by looking into the best interests of child. It depends on several factors like: Financial status of parent, wish of child (plays important role), morals of parent, atmosphere of the house/place where child will stay, ability of parent to take care of child, education of child etc.  Therefore you'll have to satisfy the court that all these aspects would be taken care of and that you are a better person than the mother to take care of child. 

Assuming that your wife would have tutored the daughter by now, the daughter will refuse to stay with you. However, at least the court will grant you visitation rights. Do not be afraid, the courts usually grant the visitation rights to the father in such cases. 

Hope this helps.

Best wishes. 

interim maintenance is always lower than final maintenance. 

you can claim the custody / visitation rights of the child under Section 7 and 17 of the gurdianship Act and under section 12 of the Hindu Minority Act.

Dear Sir,

There is no relation between amount of the interim maintenance because if you are able to prove that there was no domestic violence, then there will be no maintenance as well. For visitation of daughter, you are suggested to file an application in the court stating that you are really concerned for the daughter and you must be granted the visitation rights. This application will,be beneficial in the present case as well. Additionally you may file the child case as well and ask visitation rights.  

Dear Querist

as per the information provided by you, my opinion is as under:-

1. The interim and Final maintenance may be the same as per the status  and income of the parties,if there is no change in the circumstances regarding the income of the Husband.

2. File a child custody case, you may get visitation right on first date of hearing after her presence before the court. both the parents are liable and entitle for the welfare of the child, hence there is no chance for loosing the case. file the case immediately.

Feel Free to Call

1. This cannot be predicted. 

2. File child custody case and an interim relief application along with the case of child custody for having instant visitation rights.

Go for custody case.