Divorce and child custody
sensitiveman
(Querist) 28 July 2012
This query is : Resolved
Hello All,
Wife filed Divorce under section 13 of HMA on the grounds of cruelty after 11 months of separation. All false allegations were inserted and she is demanding the maintenance for our small kid which i am happy to provide but she is asking for monthly rental amount and that too in a posh locality. She is also working and earning more than 35k per month and has also mentioned in the divorce application. She has also given a list of streedhan which is also false as she has took lot of our articles while leaving the matrimonial home.
My main concern is that she has attached govt. hospital certificate in which all the family members name has been mentioned with respect to physical torture which is totally false but i am really shocked that how can the govt. authorities can do so without any investigation. Also, I am planning to file the custody of child and child access.
I would request all the learned experts to guide as to what should be my next course of action as even i m open for divorce.
Thanks & regards.
SM
M.Sheik Mohammed Ali
(Expert) 28 July 2012
she is prove all the allegations against you, so dont worry, whats your child age ? you face the DV case.
ashutosh mishra
(Expert) 28 July 2012
What is your monthly earning?
Maintenance are awarded on the strength of husband status and earning that is than wife's earnings.
ajay sethi
(Expert) 28 July 2012
1) custody of child is gnerally given to mother at most you may get visitation rights .
2) as far as maintenance is concerned you have not mentioned how much you are earning per month . if your wife is earning rs 35.000 a month andd your earnings are in similar range court may not award her maintenance .
sensitiveman
(Querist) 29 July 2012
I am earning around 60k per month and wife is demanding 15k per month for 2 years old kid and 15k per month for her rental accommodation despite earning herself 35k per month. Kindly advise!!!
