children maintenance allowance
siranjeet
(Querist) 22 August 2010
This query is : Resolved
my brother got married 2001, have two male kids 7&5 years respectively,my bhabi in govt.job &earns Rs25000/-PM,they living seperately from last 3years,my bhabi says i cannot live togather,i will not divorce,i will not give custody of children & live as such,my brother is ready to take custody children & need one side decision. my bhabi says if u apply for divorce ,divorce cannot be granted without my consent,if u apply for divorce ,iwill file case her maintenance & children maintenance. what we do,what should we file, please guide us
Arvind Singh Chauhan
(Expert) 22 August 2010
he can seek the guardianship of children from District court, but depends on the welfare of children and related facts.
As far as divorce is concerned it doesn't require wife's consent and may be on other grounds.
If you succeed in guardianship she can't seek maintenance for children.
She is earning enough to maintain herself so she is not entitled for maintenance.
Devajyoti Barman
(Expert) 22 August 2010
If your brother is not getting access to the child then he could file suit for custody of the child under Guardian ans Wards Act.
Your brother could similarly file suit for divorce without the consent of his wife. He could get divorce if he could prove her acts of cruelty.In the said suit he could also pray for interim custody of the child.
Now, his definitely can seek maintenance of the child both under the Marriage Act as well as under section 125. Filing of suit for custody of the child is no constraint.
s.subramanian
(Expert) 22 August 2010
I agree with Mr. arvind and Mr.Barman.
Guest
(Expert) 23 August 2010
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE.9271971251, 9960223100
e.mail.adv.nbsawant@yahoo.co.in
e.mail.nandkumarbs@sify.com
REGARDING THE MATTER OF MAINTAINENCE AND DIVORCE KINDLY NOTE THAT
1.YOUR BROTHER IS FATHER OF TWO CHILDREN AND HAS WIFE WHO IS EMPLOYED.
2.ITIS ADVISIBLE THAT WHATEVER DIFFERENCES ARE THERE THEY SHOULD TRY TO COMPROMISE.YOUR BROTHER CAN FILE A HINDU MARRIAGE PETITION FOR RESTITUTION OF CONJUGAL RIGHTS UNDER SEC.9 OF HINDU MARRIAGE ACT .INITIALY HE HAS TO SEND A NOTICE TO HER AND REQUEST HER TO JOIN HIM.
3 THEN HE CAN FILE THE HMP IN COURT .EVEN COURT WILL TRY TO COMPROMISE THE MATTER PLEASE NOTE.
4 IN CASE ALL ATTEMPTS FAIL LET THE COURT DECIDE ALL ISSUES.
5.IN CASE THE MATTER IS BEYOND COMPROMISE THEN DIVORCE PETITION CAN BE FILED.
KINDLY NOTE THAT IT IS ADVISIBLE TO COMPROMISE THE MATTER IN THE INTEREST OF FAMILY.IT SEEMS BOTH HUSBAND AND WIFE ARE WELL EDUCATED AND EMPLOYED,THEY CAN LEAD A SUCCESSFUL AND HAPPY MARRIED LIFE.
IN CASE ANY FURTHER HELP IS REQUIRED KINDLY SEND DETAILS OR WRITE OR CALL OR SMS WILL HELP.
GOOD LUCK.
Shashikant V. Patil
(Expert) 23 August 2010
I too agree with the advise of Adv. Nandkumar B. Sawant
siranjeet
(Querist) 23 August 2010
from SIRANJEET
My brother is govt. engineer{SDO} & IF he file a case for custody of children & in response my bhabi file a case for maintenance of children & if then court not give the custody of even one child out of two because mother can care better & GRANT maintenance allowance for children.so we should take this risk or not.
M/s. Y-not legal services
(Expert) 16 September 2010
no proplem.. easyly she cant win her case..
1. your brother may file a restitution of conjugal rights petition.. also claim the custody of the childrens..
