Victim of Wife Harrashment 03 January 2022

Child custody to be filed at my city

Dear Experts,

Need your valuable advice on the child custody case yet to be filed by me at my city. My wife filed MC at Bangalore and demanding 50% take home salary. Which I am not ready to pay as I have home loans which I need to pay 50% of take home salary at bank. Also I want to take full custody of my child. As my wife is cruel and she already tortured both my mom and myself. We have filed complaint at Women cell. Now my question is

1. MC filed by my wife at Bangalore. I want to File Child Custody at Delhi family court. Is it possible for my wife to transfer the child custody case to Bangalore filing a petition at Bangalore high court?

2. IF I show the verbal abuses on me, my wife and my son, can I get the full child custody on my favour? I have complaint copy and verbal abuses recorded in the mobile?

3. Since I have bank loan have to pay 60% of take home salary as EMI, can court consider my EMI while computing interim maintenance? and Final maintenance amount requested by my wife?

4. I too have daughter from my first wife, but she stay with her mother outside India. But her future expenses like marriage and higher education needs money. In case if my ex-wife or daughter meets me for financial help I should support them. Do court consider my daughter in to account while considering Maintenance amount?

5. My mother senior citizen without having any financial income like pension etc, is fully dependent on me at the age of 77 years. Can Court consider my mother into account while considering Maintenance amount? or do my mother file a separate case 125 Cr.P.C on me and ask 1/3 or 1/5 of my salary for her maintenance.

Kindly request you all the experts to advice me how to proceed.....

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2 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 04 January 2022

Child custody cases are filed in the jurisdiction of the family court/competent court where minor child ordinarily resides. For example, father is living in Mumbai. Mother is living in Delhi along with minor child. If father wants to file Child Custody, he has to file the same only in Delhi.

If the alimony is being paid on a monthly basis, the Supreme Court of India has set 25% of the husband's net monthly salary (after deductions of your parents welfare expenses etc.) as the benchmark amount that should be granted to the wife. There is no such benchmark for one-time settlement, but usually, the amount ranges between 1/5th to 1/3rd of the husband's net worth

Archana Pandey 02 February 2022

Dear Sir,

Reference to the child custody case, this must be done in minor's jurisdiction only.

Come to the Second Answer, regarding full custody of your child as you are willing to take on, the Court will look into all aspects and decided on the set parameters like Child's safety, quality education, upbringing etc.
As you have asked in other three questions- There's no specific formula of calculating maintainence however Court has decided a set benchmark of 25 percent of salary as maintainence amount to live a dignified life after overviewing other dependants and expenses to a husband's part.