Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Divorce

(Querist) 16 August 2012 This query is : Resolved 
My wife has filed cases under DV act and 498a. They are pending from past five years we have a girl child. In DV act she has asked for maintenance of herself and the child.
If I will file divorce, can she ask me to take the child.Can she give me the 5.5 yrs girl child we had.

She is greedy in nature. After giving child will she claim maintenance though she is well educated and earning good salary?
Can I claim child maintenance if she gives me child?
Arvind Sehdev (Expert) 16 August 2012
yes, you can ask for maintenance (if she is earning good). Even if not then also you can ask but i think court decision will not be in your favor.

Our courts are not built that way.

still lets see what other experts have their views on this..
Dharmender (Querist) 16 August 2012
She has asked for life time maintenance for herself and the child in DV act case. Can she still give the child to me. Will it not prove that case under DV act is false and just for harassment
ajay sethi (Expert) 16 August 2012
generally custody of child is given to mother . if your wife dosent want it then you should get custody of child .

she wont get maintenance of child if custody is with you .

further if she is working and earning good salary she wont get maintenance
Dharmender (Querist) 16 August 2012
Though she has filed DV act act case and demanding maintaince for child and herself, can she still give the child to me
Adv.R.P.Chugh (Expert) 16 August 2012
If she gives you the child, the child can seek maintenance from her through you, if she is earning she won't be entitled to anything.
prabhakar singh (Expert) 18 August 2012
Despite the fact she is earning quantum of maintenance shall be on basis of your's standard of life and earning.If she give up the claim of custody of child only then maintenance shall or shall not be awarded to her depending upon circumstances proved in the case.
V R SHROFF (Expert) 20 September 2012
Imaginary query. IF YO GET CUSTODY?? WILL U GET??


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