• Custody and maintenance money

Can I get full custody of my 7 year old son and his education and our maintenance money after my divorce even if I am working.
Asked 4 years ago in Family Law
Religion: Muslim

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11 Answers

Yes you can

Khyati Malik
Advocate, Bhopal
91 Answers
2 Consultations

Wheb court will order him to pay , he have to pay .conditions he must be earning more than you. For getting maintenance 

Khyati Malik
Advocate, Bhopal
91 Answers
2 Consultations

You can get custody but maintenance only for child and not you as you are working

Prashant Nayak
Advocate, Mumbai
34661 Answers
249 Consultations

Dear Client,

Based on the judgements in cases like Bhagwan v. Kamla Devi1 and Chaturbhuj v Sita Bai2, it is evident that she can claim maintenance even though she is earning. The SC of India, in this regard, has ruled that an estranged woman can claim maintenance from her husband in spite of her efforts to earn a monthly income if that is not enough for her maintenance. It also clarifies that the expression ‘Unable to maintain herself’ does not require a wife to be absolutely destitute before she can apply for maintenance.

Thankyou

Anik Miu
Advocate, Bangalore
11063 Answers
125 Consultations

Welfare of child is paramount consideration 

 

2) Muslim personal law provides for custody to be given to father but court can award you custody of your son 

 

3) you would get maintenance only if there is substantial differences in your incomes 

Ajay Sethi
Advocate, Mumbai
99977 Answers
8160 Consultations

 

If your spouse refuses to pay maintenance you can take out execution proceedings to attach his bank account 

Ajay Sethi
Advocate, Mumbai
99977 Answers
8160 Consultations

Dear Querist

If you are able to maintain yourself then you are not entitled to get any maintenance except as per the status of the husband.

 

It is also not confirm that you will get full custody of the minor child without knowing the facts that on which grounds the father of the child could not be get visitation or joint custody of the minor child.

Nadeem Qureshi
Advocate, New Delhi
6348 Answers
302 Consultations

- Yes, as per the Supreme Court judgment , a working woman can also claim maintenance from her husband. 

- Further , a 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.

- Hence, being mother you can get full custody of the son as well. 

- Further, to win sole physical and legal custody, you should show, the court that awarding you custody is in the best interests of your child due to factors such as your existing relationship with the child, stability of the home life you provide, inability of the father to meet the child's needs; father's lack of involvement in day to day need of a baby child.

Mohammed Shahzad
Advocate, Delhi
15840 Answers
243 Consultations

There is parameter  set by court to grant child custody tot he petitioner.

The child custody has to be fought on the basis of the merits and documentary evidences produced before court to support claim for child's welfare which is paramount. 

It depends on how and what grounds that you seek child custody.

The maintenance claim also depends on various factors that has been clearly expressed convincing the court to justify the claim.

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T Kalaiselvan
Advocate, Vellore
90179 Answers
2506 Consultations

If you are employed and drawing a handsome salary, you may not be eligible for maintenance, but you can get maintenance for your child if the child is under your care and custody whether by an order of court or otherwise. 

T Kalaiselvan
Advocate, Vellore
90179 Answers
2506 Consultations

If you're working you will not get maintenance money only your son will get maintenance money till the age of 18 years. And custody of son will also get you.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

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