ramesh 21 August 2019

Eligibility for maintenance

Dear Experts

Myself and wife are not staying together past 4 years, in case if i file for divorce petition. She is working lady with handsome salary, infact on par with me - as per Form 16. Also i have transferred a joint property (flat) to her as sole owner through which she is getting rent, not sure if this is captured in F16.

We have 2 kids, one is major (18 years) and other one is 11 years, currently they are staying with her.

My question is

Will she be eligible to claim for maintenance or alimony?
Can i file for G&W C to have access to my kids?

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2 Replies

Real Soul.... (LEGAL) 21 August 2019

If you could prove in the court that she has enough means to maintain herself ,the court may charge minimum or nothing but for children you have to pay the maintenance.

One of the children is already major and can decide itself in this reagard. However for the other kid you can get direction for meetings from the court under GW Act., The opinion of the child may be asked by the court as being 11 years of age.