mission 31 December 2017

Child maintenance

We both are earning... My wife is getting Interim Maintenance of 5000 /PM under DV act .. She has applied for revision maintenance asking 80000 Per month. My son in 11 yrs old.

She filed 498 A /306 etc. She is not attending that case after I got bail from high court. police is sitting on that enquiry for money.

My wife is runnign adultry and I have enough evidences for it. The man invoilved is threatning me.

My questions are

Can I get custody of my son , based on adultry. I have applied for custody.

If both parents are earning , Is it only father's duty to maintain child.? Can i get referece of court for mutual parenting or cost division among parents. ?

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Siddharth Srivastava (Advocate) 31 December 2017

After the age of 5 years, father is the natural guardian of the child so if your are deprived, you can claim custody of the child. As per law child is the responsibility of both the parents. In your case since your wife is getting maintenance does not mean that she is earning, hence, it is you who has to maintain the child. Adultery is the toughest ground to prove. File case of divorce on available grounds. Consult a lawyer with details.