RL (Engineer) 28 May 2015

Working wife demanding huge compensation.

Hi Experts,

To put my questions in simpler way,

1. Whether a working women who is earning(substantial amt) same as husband can ask for maintenance or compensation by adding false allegations (like harrassment) in her divorce petition.??

2. We have a child(1+ yr old boy) which she didnt allow me to see. I have not seen my child so far and never experienced fatherhood. As she is denying my basic right, is this amount to cruelty?? and with this do I have a strong base to fight against her to get relieved from huge compensation(8 digits) which she demands in her petition.

3. I dont understand on what ground she is demanding huge money from me? also i dont have such financial status. Is she and her lawyer playing any trick here or they just trying their luck?

4. Unfortunately as our law is blindly in favour of women, these women(not all, but majority from big cities) are taking full advantage of law. I am well aware that the chances of husband getting child custody is very less. But things have changed atleast in city life and these days husbands take care of their child better than women. So my question is "Do we have any divorce history where the husband was granted with child custody and under what circumstances".

Please reply in-line for each question, if possible.

Thanks in Advance

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4 Replies

bsrao 28 May 2015

Demands can be huge but its the court to decide. Variety of factors are taken into consideration before deciding. Raise the issue if you do not agree with the court.

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saravanan s (legal advisor) 28 May 2015

if you have enough proofs like salary slip,tax returns etc then you can produce that in the court and if the court is satisfied that she is earning enough to support her living may not grant maintenance to your wife but you need to pay for your child.

you can ask for visitation rights by filing a petition.there wont be any impact over maintenance

a wife can even ask crores as compenstion per month.the court will look into a variety of factors and then only decide.so dont worry

child custody wont be usually granted to the father till the child is five years of age

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husbandinneed 29 May 2015

Dear RL,

Dont fight the law, fight your case

1. As bsrao correctly said, demands can be anything its the court to decide the amount. If you have enough evidence like her salary slip from current as well as old company, form16, PF details bank account statement. Also her educational qualification certificates will be important. There are recent judgements that well qualified wife cant sit idle and claim maintenance from husband, attach these citations in your say.

2. For child access, go step by step. Ask for interim visitation, see wife's responce to it. If she do not allow you the visitation go for parenting plan. (Check with your lawyer if you can directly go for parenting plan, in Maharashtra this is mandetory to file parenting plan), there are judgements that 50% 50% custody is allowed.

3. In your say, tell the court how much you love your kid, and how much you miss your son. Ask for interim visitation rights, see if you pay for his expences directly and not to wife and then she pays to someone.

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T. Kalaiselvan, Advocate (Advocate) 03 June 2015

Whatever dispute may be between you both, but she cannot deny access to your child that too she hasn't allowed you to see the child since its birth is really high handed cruelty. You can file a divorce case on the grounds of cruelty among other grounds that you are facing. You can even file a case under GWA for child custody and in that you can file an interlocutory application for visiting your child as an interim relief.

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