needhelp (respondent) 17 November 2011
Hi,
Me and my wife are living separately for last couple of years. She is not giving access to my children. She filed for custody of our children.
My question is there a pattern followed like one files for custody and then maintenance following with divorce?
Please help me, if it is true what are merits of doing this way.
Tajobsindia (Senior Partner ) 18 November 2011
1. If only custody case being serviced between you two at this stage then no need to stir her. Contest custody case diligently and if visitation application not yet filled by your side then immediately file it as it is a summary proceeding (visitation is what I mean here). Also note if she has used Guardianships and Ward Act to service claim of 'custody' then using one particular section therein under this Act she can also seek "maint." only for minor(s). However this route is less followed by many mothers and or by ld. brothers as much wider and better other Acts / Codes exists for this very relief under addendum caution!
2. There is no such pattern or precedent as different nature of family law suits / application / complaints respectively can be serviced simultaneously before different types of Courts and one can give better hint if we know other than custody has she filed any other civil or criminal nature complaint and if so then under which Section of Act or Code?
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