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Vibu Rani   23 July 2021

Child custody and maintanence

Hi Lawyers Team,

I am separated from my husband for 7+ years now, and i have 2 daughters (10 & 8). I haven't filed for divorce yet which am planning to do now.

I am working and earning a good amount. Heard that my husband is not working now (but he used to earn 1L per month) but he has property got from his father.

I would like to know what will happen to my daughters if I divorce him.

1. As I am earning, i dont need any alimony from him. But i want him to spend for my daughters (so far he didnt even spend a penny even when we lived together).

2. If he says that he is not working as a reason, what court will do? Can my daughters get fair share in his property as onetime settlement in this case?

3. He is blackmailing me to sign in NOC for his second marriage and forcing me to divorce him. Apart from his my family faced lot of physical abuse from him.

He took my bank statement illegally and he sent mails to my employers to fire me. Based on this, under which ground i need to file for divorce?

4. Will court take my salary as well into account to decide child maintenance for my kids? 

5. Can i file child maintenance without divorce?

Thanks.

 

 



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 2 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     23 July 2021

Wife can Relinquish her Claim of Maintenance/Stridhan but not Daughter's Right to Maintenance-Supreme Court. Case name: Ganesh v. ... One of the terms of the settlement between the parties was that the applicant i.e. the mother has released the right of monthly maintenance to the daughter with the non-applicant i.e. father. www.scjudgements.com

Dr J C Vashista (Advocate)     24 July 2021

Maintenance claim for daughters is their right, which you cannot decline but has to be shared by both of you.

It is a premature situation where more than 90% facts are presumed.

File a petition for divorce through a local prudent lawyer for desertion / cruelty and decide what you want and what is the reaction / response of your husband, accordingly proceed.


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