Maintenance -reg
T. Saranvelu
(Querist) 11 August 2014
This query is : Resolved
Sir,
The appeal divorce petition is in higher court. The wife filed maintenance case (125CrPC) in 2010 and she is not interested to finish the case and get the maintenance for her as well as child. Just she is dragging the 125 Crpc case and to delay the case as much as possible (four years delay, even petitioner side witness not crossed). She is working woman in private concern from 2010. Now she filed transfer petition in Feb, 2014 in the high court to transfer the case to her working place. She is not willing to get maintenance (to finish the case) but she blamed me in the court (high court) for not care about child and his education (in terms of money). In that condition, how i want to handle the situation. Shall I file case for custody of child in the court not, Please clarify the situation.
Devajyoti Barman
(Expert) 11 August 2014
You can highlight her lingering approach of cases in hearing of transfer petition.
Yes, you should file custody case and start sending some money towards the maintenance of your wife and child. it helps husbands in the long run in fighting the cases.
ajay sethi
(Expert) 12 August 2014
you can file for custody of your son but chances of getting custody are bleak . you will get visitation rights
Rajendra K Goyal
(Expert) 12 August 2014
File custody case and proceed as advised by the experts. Agree with the advise of experts.
T. Kalaiselvan, Advocate
(Expert) 17 August 2014
Yes,for the present you can apply for child custody with an application for visitation rights too. Let she drag on the issue, you can inform the trial court about her delaying tactics on the next date of hearing.
Biswanath Roy
(Expert) 20 August 2014
Prolonging a dispute for an indefinite period is a mischief which can be remedied by the court upon an application of the agrieved party. Custody of the child and the question of maintenance of the child can be remedied by law but the question of taking care of a child by fatherly and motherly love can not be considered as necessary or to be looked into by our existing laws. In this regard review of enactment is inevitably required.
