Dear experts,
My wife applied for child custody and gave an application in domestic violence. the case in domestic violence did not get admitted, I there due to torture applied for divorce. I won the child custody case and recorded in the court also recently. children boy (aged13) and girl (aged 16) are with me.
Now since I have my aged parents around 86 and 80 I also need to spend money on their medical expenses, I live in a rented house,and spend on children welfare, LIC and schooling as this is the prime age for children’s future. My salary considering from my IT return will go negative with all these expenses and the gap is being bridged by way of handloans and other short term loans.
While applying for child custody my wife had written in the petition that she is educated and capable of earning and maintening the children, if the children are in her possession. But now since the children refused to go with her she has filed maintenance petition stating that husband is duty bound to maintain wife asking Rs.25,000 for her living. she was working in the past as teacher,
Viceversa citing all the above, while wife has applied for maintenance for her living can I also file a maintenance from her for contributing to the minor children? What is the law on this -----law says everybody is equal before law. Hence I want to file a maintenance petition
At the same time I want to take divorce also from her at the earliest seperation is almost nearly 5 years now. She has written all false allegations in her proof affidavit.
Experts please give me some relevant points to fight the case on merit.
I am covered under Hindu law.
Thanks
