Divorce

Querist : Anonymous (Querist) 11 June 2018 This query is : Resolved
Dear all
I need to know what are the general rules and rights of a women on divorce i.e. alimony, child custody etc. Kindly please help.

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Vijay Raj Mahajan (Expert) 11 June 2018
For wife, the maintenance can be sought if she is unemployed, has no source of income sufficient for her maintenance. The permanent alimony and maintenance can be claimed by the wife on lumpsum basis at the time of finalisation of divorce between the parties, where she can get reasonable amount of financial compensation help her to settle down independently after moving out of the marriage.
The custody of the child is usually shared by both parties during existing of marriage and even thereafter. The minor children usually of very tender age 5-10 years are allowed to the mother to keep in their complete physical custody while the father is allowed the regular visitation for the minor child. The minor children of bigger age group who are school going and require guidance of father for higher education if so required in a particular case, the father is allowed complete physical custody and mother is likewise allowed the regular visitation for child.

Kumar Doab (Expert) 11 June 2018
Pls post with your ID and not as AQ and you can get many replies.
Your ID does not mean your email id or phone number and don’t post these also.

Ms.Usha Kapoor (Expert) 12 June 2018
If wife is unemployed husband has to pay regular maintenance and at the end of divorce proceedings pay lump some Alimony a one time payment. For kids also you are required t pay maintenance till 5l. Tll the child is 5 you need to pay maintenance and allowed visitation rights to the child. After child completes five you may apply for custody of child under Hindu Minority and Guardianship Act r/w Guardian and wards Act. The court will grant custody either to father or mother based on child's welfare iis the child's welfare is paramount consideration dictum.