Divorce alimony and child custody
anil
(Querist) 08 September 2014
This query is : Resolved
dear sir
we married 6 years back and have a son of 4.5 years. I am working in MNC and my wife is a govt. employee. my wife has decided not to live with me and denied my entry in my own home (rented)even recently when my father died neither she came to my place nor she allowed my son to pay last respect despite several requests.
since she has ruined my life by several means and even don't allow me for intercourse, can you please suggest if she files divorce under any ground
1. can I fight for child's custody?
2. will she have share in my ancestral property??
3. can she claim for alimony/ child care / maintenance etc.
please suggest.
Anil
Ashish Dongre
(Expert) 09 September 2014
From how many months/year she is not living with you??for what you ask
1.yes you can
2.no
3.yes she can,but it will all depend on your income.
malipeddi jaggarao
(Expert) 09 September 2014
You lived together and had a son out of the marital tie. What are the reasons for her changed attitude? Your query is "if she files divorce case" - what about your thinking? Do you wish to live with her or go for divorce?
Look into the reasons behind such attitude. Try to correct from your side or your parents side if possible. Fighting in the court will take its own time. What is the future of your son? What is your future? Will you get a better partner?
Try to rope-in the elders and settle the matter amicably instead of standing on ego. I understand about your feelings when your son was not allowed pay final respects to his grand-father. What about your in-laws?
Your query is not clear. You have not given any reasons for her behaviour. Come out with full facts, so that some expert who is experienced in counselling may come forward and suggest a solution.
Devajyoti Barman
(Expert) 09 September 2014
1.Yes, you can file suit for custody of the child.
2. Not at all.
3. Yes but for the child only.
Rajendra K Goyal
(Expert) 09 September 2014
1. You can file case of custody, however, custody is generally given to mother.
2. No she will not have, your child will have.
3. As he is government employee, she may not be given any maintenance but you have to pay maintenance for your child.
anil
(Querist) 09 September 2014
thank you all for your valuable suggestion.it helped me a lot.
ajay sethi
(Expert) 09 September 2014
agree with experts
V R SHROFF
(Expert) 09 September 2014
QUESTION: can I fight for child's custody?
Answer: yes, but no chance to get custody. .
2. will she have share in my ancestral property?? Answer:your child have.
3. can she claim for alimony/ child care / maintenance etc: Answer:YES.
Raj Kumar Makkad
(Expert) 09 September 2014
Well advised by experts hence no more to add.
anil
(Querist) 10 September 2014
thank you all for you suggestions.
if I cannot have childs custody then
1. how long he is allowed to stay with his mother and if he wish to come to me then how long I will have to wait.
2. will I be allowed to meet my son after divorce??? if yes then how frequently??
3. if my wife gets re-married to someone else then also my child will have to live with her???
waiting for your suggestions.
V R SHROFF
(Expert) 10 September 2014
1. all the time except ur visit
2.yes, say once a week
3.yes.
Raj Kumar Makkad
(Expert) 10 September 2014
1. It depends upon the verdict of the concerned court.
2. Same reply as given above.
3. It shall not affect your chances.
T. Kalaiselvan, Advocate
(Expert) 13 September 2014
For child custody, you may have to wait atleast till your son completes 5 years after which if he chooses to live with you when asked before court, sometimes the decision may go in your favor,however you are certain to visitation rights to visit your child any moment even during the pendency of divorce case. As far as maintenance, it will depend on the discretion of the court/judge in view of your social/economic status to accord her status at par with you, ofcourse she cannot claim any right of share in your property or your share in the ancestral property allotted to you.
anil
(Querist) 17 September 2014
dear experts
thanks a lot for your valuable inputs. it will help me a lot.
regards
anil
anil
(Querist) 17 September 2014
dear experts
one more thing I want to know is.
since we were living separately, what will be the fete of things that I purchased after marriage and what will be the fete of jewellery that we gave to her at the time of marriage or gifted after marriage.
looking for your suggestions.
anil
Devajyoti Barman
(Expert) 17 September 2014
tHe properties you acquire are your own and whatever you gifted to your wife will remain her's.
Dr J C Vashista
(Expert) 17 September 2014
Jewellary is a part of her streedhan, whether gifted by her parents/relatives or from your side.
Other things/properties in your name shall be yours, as advised by expert Sh. Devajyoti Barman, I agree.
Raj Kumar Makkad
(Expert) 17 September 2014
The properties still standing in your names shall remain with you otherwise jewellery is istridhan of your wife.
