My sister is 24 year old .she has 2 and half year baby.she is with us from last 1 year.marriage has completed 4 year.but from the starting they are facing small small issue due to mentality mismatch between them(my sister and husband)so to solve this issue my mother tried a lot .but it was not working.currently issue is stand on divorce.and i am working in MNCs and competed my education from IIT.and my father runs trailer shop and cloth store.and similarly my sister's father and husband runs trailer and cloth store. but they r conservative mentality people. they are not understanding the issue and trying to solve it..so finaly we both family have decided to divorce..but problem is..we asked them to give some expenses of marriage and to grow the baby girl..they are ready to give 4.5 lac 4 it.but they want to give us after the baby growth to 18 year old and that is also through court...so what 2 do in this kind of situation ?please guide .
Asked in Family Law from Anand, Gujarat
1) your sister should file application for maintenance under section 125 cr PC and seek maintenance for herself and child
2) she can also file DV case and seek maintenance , right to stay in matrimonial home or alternative accommodation and maintenance
3) file for divorce on grounds of mental cruelty if she so desires
4) don't accept offer of boy family to pay money when child is 18 years old
1. I am not sure the mode of payment through court of law..
2. 4-5 Lakh is much less amount in these days.hence ask for more.
3. if not then you may settle on this amount but he must pay this by cash or DD at the time of signing the mutual divorce petition.
Since they are not agreeable to permanent alimony your sister may file for maintenance for herself and her child. If your sister is not self sufficient then her husband is bound to support her financially. She can also file a DV case to seek separate accommodation at her husband's expense. Nothing stops your sister from unilaterally filing a petition for dissolution of matrimony.
1. Mother is the natural guardian of her child up to his/her 5 years of age.
2. So, no court will allow the said proposal.
3. Refuse the said proposal and inform them that you are agreeable for visitation right of your sister's husband but the child will be with her.
4. File a divorce suit claiming compensation, if mutual consent divorce on amicably settled terms can not be arrived at by and between both the parties.
It can be presumed from your contents tht you wanted to clarify about the child's care in the future when the child turns 18 years?
If that is the case it is going to be a mere agreement for the present.
Nobody has seen tomorrow.
Ask your sister to agree for the same for the present, the future issues can be taken care in the future when the time ripens.
Solve the issue amicably for the present , later on the developments and situations may change and you can take care of all such things then accordingly.