I got forcefully Married to a Widower Who is 26 yrs Older having elder kids. Right from beginning, I have faced domestic violence, the physical violence of which I have collected proofs Things got out of control when I have been told get aborted when I was 7-month-old pregnant. There were many times I have been not given food & beaten for no reason because I refused to abort my baby. There is already 10 NC against him registered so far One day he forced me to get admitted in the hospital for an abortion I had ran away from there. I was running every relative for accommodation when I was 7-month-old pregnant. I have filed case of Domestic violence in Thane City with section (18,19,20,21,22,23) & got Divorce But at the time of Divorce things were not clear so settlement was decided after divorce. Now it’s more than 5 years many ocations he didnt came on dates & trying delay tactics just to frustrate me. For the past 5 years I have been taking care of my 5-year-old Son alone. All I want is either monthly or lumsum amount to take care of my son for his education & other expenses. I don’t have a fixed income as I have been in & out of JOB. He has property, land & fixed income coming from rent etc. approximately 30-40 lakh per annum. # My question is now since there is a 1st date of Mediation this week. # what should be the strategy during the mediation session to convince & settle with my share of the money. # He is being saying he is suffering from medical issues & is bankrupt to avoid giving any settlement money # what happens in the mediation process & how many such dates I will have to attend the court (since I must travel from Delhi to Mumbai) # Since my separation/ Divorce is already happed & now DV case mi fighting as a single mother what are my chances to claim the money to take care of my SON. # How much in percentage I can claim & on what all things I can claim my rights (land / house / etc.) # For how long this case will go on since its already more than 5 years now? # what are my chances of taking custody of my SON forever & ask for my share from him (Monday/property etc.) # What should be my next strategy to ensure the case goes in my favor & get it fast track for some conclusion. # Since I am out of JOB staying at relative’s house & completely dependent on them how I can get monthly or some amount to take care of me & my son. # Since i am already separated & staying as Single mother , how can i ensure DV case will be in my favour ? # How are chances of Custdy of my son granted to me only even when i am not earning & dependent on relatives? # What if my ex-husband demands custody of my SON to deprive me of my monthly expenses he has to bare or to deprive me any money that court may order to take care of my Son # My Ex husband is declaring himself medically ill & bankrupt, Now on 1st Mediation date also if he acts smart then how in future i can handle this situation to get all the compensation
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1) take the plea that there is no possibility of reconcilation on account of domestic violence faced by you
2) you are willing to with draw DV case husband pays you lumpsum alimony and pays for child maintenance
3) there may be 3 dates or so
4) you have no share in husband properties
5) DV cases take 6 years or so to be disposed of
6) court would direct husband to pay maintenance for child
7) you should get sole custody of your child
As per Section 6 of Hindu Minority and Guardianship Act, 1956, custody of child below five years will be with mother with visiting rights to father and custody after five years of age will be father with visiting rights to mother. Though this is general rule, this is not fixed law, in special circumstances child above 5 years custody is given to mother with visiting rights to father. So long as you remain unmarred you can obtain monthly maintenance for yourself and child. Employed or not, earning or not he is bound to pay you and your child maintenance. It all depends on your Advocate to get you faster relief. So far case under Domestic Violence Act, 2005 is concerned it all depends on you evidence. There cannot be third parties who witnessed violence against you. You evidence if properly produced in Court is sufficient to get conviction order against him.
Dear Ma'am,
1) During the mediation, you can negotiate the maintenance amount showing that you cannot maintain yourself and your son alone due to the inconsistent flow of money.
2) You may ask him for his bank statements to prove his bankruptcy.
3) The mediation process is similar to negotiation where both the parties put forward what they want which will be further negotiated to arrive at a compromise for both the parties. The dates depend on how aggressively the mediation is pursued.
4) The law is in favour of women and the chances to claim money is very high if you can show that you are unable to give your son a good quality life.
5) It depends to the extent of how much you can independently maintain yourself. This may usually range between 20% to 50%.
6) depends on how aggressively the case is pursued.
7) the chances are very high since you have independently raised the son from last 5 years.
Thank You!
You can place a proposal for a huge amount towards one time settlement based on his huge income and assets;
If the mediation fails then the matter will be reverted to regular court, in that case you may either have to visit Mumbai very frequently or can get it transferred to a court in Delhi by filing a transfer petition before supreme court.
The chances of getting a favorable order for maintenance depends on how strongly you present your case before court.
There is no yardstick by which the court would decide about the quantum of maintenance to be fixed, you may have to file an affidavit and also he has to file an affidavit giving the details of his income and liabilities, after which the court may decide the quantum of maintenance amount.
Since your child is under your care and custody, there is no need to file a petition seeking child custody, if at all he requires child custody, let him file a petition in an appropriate court.
There is no such strategy try to get it settled as soon as possible by demanding reasonable alimony.
You can only claim alimony no share in property if he pays alimony
Childs welfare is considered during custody cases.
Show his income to court and maximize your alimony
Have you filed a domestic violence case against him. If yes then i think you didn't get a good lawyer otherwise an interim maintenance order is passed immediately.
Anyways tge supreme court has now stated that an income affidavit be filed by both the parties in the court and the court shall decide the permanent alimony/maintenance.
Therefore file an income affidavit and obtain an interim order.
You will get a substantial amount.
You should also file a FIR against that person under various sections of the IPC.
What if my Ex-husband ask for Custody of my SON to avoid maintenance for the child Since I’m not earning & claiming alimony from him? All I want is permeant custody of my SON & alimony as maintenance. As a respected lawyer in the panel mentioned that DV cases take 6 years or so to be disposed of. My case is already 5-year-old and If mediation fails after 3 dates, how long court take to direct Ex-husband to pay maintenance for child. Are there any chances of me loosing sole custody of my child? and loosing maintenance for child even when I am single mother. Some also mentioned in special circumstances child above 5 years custody is given to mother with visiting rights to father. can I ask for permeant custody of my SON in this case. Unfortunately, he is same person who tried to abort & kill my baby and now he may ask for my Son's custody to avoid any maintenance amount. Is there any workaround faster relief or by changing lawyer? like interim maintenance order to be passed immediately. My DV case is strong as have all the evidence to prove him guilty even there was half murder charge on him earlier as he used a knife when I was 7 months pregnant. If I transfer my case to Delhi is it mandatory for ex-husband to visit Delhi on dates, this way can I frustrate him since he stays in Mumbai and I must travel to Mumbai from Delhi. If interim maintenance order is be passed immediately by court can it be lum-some amount based on his earnings & property or it will be always monthly. In case of monthly will he be paying me directly or via family court account? What happens if he does not pay on any month even after court Order? Can I take help of any other agency which works for Women welfare to pressurize him to pay me immediate maintenance since I am running from places to places even for accommodation & my son is already 5 years OLD.
Welfare of child is paramount consideration
court generally awards custody to mother
husband is given visitation rights
considering his conduct court would not award husband custody of son
interim maintenance application takes one year to be disposed of .court would award monthly maintenance in DV case
if husband fails to pay take out execution proceedings for attachment of his bank account or property
You can refuse to give the custody of your child, let him approach court for this where you can challenge the same as per law.
If the mediation fails and the case is reverted to court, you can insist on orders towards interim maintenance, which the court will pass it on merits.
If the child custody case has not been filed by him and the child is in your custody only, then you need not worry about it, let him file the child custody case and the court will decide on it on merits.
There is no hard and fast rules that the child has to be with one of the parent only even after attaining 5 years of age, the court will decide based on the facts and merits on both the sides.
If you have lost confidence in your present lawyer, you can very well change the lawyer but no lawyer can give you assurance for a faster disposal of the case.
If the case is transferred to Delhi, the parties to the case have to attend the case in the court where the trial is going on.
Interim maintenance would be on monthly payment only and not a lump sum amount.
The maintenance amount would be paid by him to you before the court on the dates of hearing.
No agency working for women welfare can hasten the case or have the powers to pas any such order, and no agency is above court, hence since you have already approached court, you have no option than to follow the court process.
Yes you can take help from ngo and other agencies for women welfare
- Legally you can claim maintenance for the kids and your self from him , even he is working or not .
- Further , a mother generally gets the custody of the child , hence you can get the custody after filing a petition before the court or if the matter is refereed in mediation , then you can raise this issue there .
- If he not pay the amount after direction from the court , then you can file an execution petition in the same court , and in case of non-compliance , the court can send him behind the bar.
- No other agency can pressurize the court for speedy trail , however you can approach the high court if the court is not taking your matter serious.
- Since, you have already fled the DV case against him , then there you can claim residential right including maintenance from him .
Dear Client,
Your husband shall be liable to pay maintenance for your child upon the Hon'ble Court's discretion, and according to the laws, the child's custody lies with the mother in most cases.
With regard to a faster relief, we would suggest that you speak to your lawyer and see how it proceeds. If you see there's any discrimination, you may change the lawyer accordingly.
You can file a Transfer Petition to the Hon'ble Court if you wish to transfer the matter to a different state. However, it is upon the discretion of the Hon'ble Court as to whether such Transfer Petition shall be allowed or not.
Thank you.