• Child custody and child maintenance

Hi,
My wife has left my house one year back and has filed a divorce case. Along with her she has also taken away our kids. I have twins one Boy and one girl. Now along with divorce she has also demanded for maintenance towards kids. I have visting rights for every sunday 3 to 6 but most of the time she gives excuses and avoids me from meeting my kids. They have completed 4 yrs now. In the month of may when the court had summar vacation that whole month she did not allowed me to meet my kids saying that they are enrolled for some camp. I would like to know if i can get the custody of my kids? As she is educated but not working or you can say financial condiction is not good of her and her parents. Court has ordered me to pay maintenance towards kids but i am not willing as i do not trust those people at all. Please help me and suggest what options do i have?
I need my kids custody either both or atleast one.
Thanks in advance.
Asked 5 months ago in Family Law from Dombivli, Maharashtra
Religion: Hindu
1) make application to court to seek joint custody of kids . 

2) in the application highlight how wife has refused to permit you to meet the kids during children summer vacations also 

3) if court has passed order for child maintenance you have to comply with court orders

4)court would not pass orders to separate the kids 
Ajay Sethi
Advocate, Mumbai
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1215 Consultations
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During divorce or marriage annulment proceedings, the issue of child custody often becomes a matter for the court to determine. In most cases, both parents continue to share legal child custody but one parent gains physical child custody. Family law courts generally base decisions on the best interests of the child or children, not always on the best arguments of each parent.

The custodial parent will be the primary caretaker responsible for the emotional, medical and educational needs of the child and the non-custodial parent who does not lose the rights over the child will have the right of access.

You have to seek a fresh application for custody of child. Or file application of the same in maintenance case. Write in detail with regard to the things happened at the time of visitation. It is the duty of father to maintain his child and wife. 

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 J 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, 2000 (3) MPLJ 100, where it was held that “well-qualified wife is not entitled to remain as an idle and claim maintenance from her husband”.Meet your lawyer and high late the points 
Ajay N S
Advocate, Ernakulam
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19 Consultations
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1. If she is not honouring the court order giving you visitation rights then file for contempt of court. Practically speaking, there are thousands of ways to avoid execution of visitation rights. You should have moved the High Court to challenge the order of the lower court which gave you limited access to your children. 

2. The maintenance should be paid if the court has ordered it, failing which your claim of child custody will be impaired as it will send a message that you are not doing anything for the welfare of children.
Ashish Davessar
Advocate, Jaipur
18061 Answers
446 Consultations
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You cannot disobey the court order for not paying the maintenance.

If you are aggrieved over the court decision you can very well file a revision agaisnt the decision and get the amount reduced or set aside the order. 

You can file child custody case under HAMA or GWA, but the court may consider the custody after completion of 5 years of age of the children, but there is no bar in filing the case now.
T Kalaiselvan
Advocate, Vellore
13944 Answers
127 Consultations
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