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Sasmita (ta)     27 December 2016

Child's custody and financial security to women after divorc

Hi, Want to know what is the law says about child custody of kids having 12yrs and 7 yrs old. What about the financial secuirty wife and kids. My husband is richer family. He is having financial security. We both work in private industry. As he is have extramarital affairs he is not taking care of family. I am taking care both financial and kids care from the begining. Now situation becomes worst. It's very difficult to stay with him.  I want to stay away from him with my kids. As i said my job is private I need a finacial security for my kids. Need input on finanical security as well child's custody.



 8 Replies

saravanan s (legal advisor)     27 December 2016

You can claim child custody of both the children under gwa.your husband would get visitation rights.since you are working you may not be able to claim maintenance but both your children can.
1 Like

(Guest)
Originally posted by : Sasmita
Hi, Want to know what is the law says about child custody of kids having 12yrs and 7 yrs old. What about the financial secuirty wife and kids. My husband is richer family. He is having financial security. We both work in private industry. As he is have extramarital affairs he is not taking care of family. I am taking care both financial and kids care from the begining. Now situation becomes worst. It's very difficult to stay with him.  I want to stay away from him with my kids. As i said my job is private I need a finacial security for my kids. Need input on finanical security as well child's custody.

Financial security by means of depositing a crore rupees in fixed deposit in name of both children, whose interest is credited every month to their respective accounts and not to your account.  You are working woman, and you need to work hard to save that kind of money.

 

Your husband however is also responsible for expenditure towards your children, he needs to contribute towards that equally, just like you.  You both need to work towards that 1 crore figure.  You can file maintenance case on your husband, but you wont get maintenance as you are working woman.  If you hide fact that you are working woman and file maintenance case, you may as well land up in jail for lying under oath, then custody will go to your husband, in such case.

 

Regarding custody of children, it will be decided based on merits of court upon reciept of application by Family Court of your district.

My advise is treat husband with love and affection so that he wont wander here and there looking for love and affection.  That will solve all matters.

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G.L.N. Prasad (Retired employee.)     28 December 2016

It is very difficult to suggest only after hearing from one side through a three sentence post.  If your husband is rich and is having a family (parents) on their own, depending on the wish of children (Now children can understand better than adults and can analyze mentalities), keeping in mind their career, do not insist on custody.  By virtue of their birth, as the property might have been ancestral, your children are heirs by birth and ranks equally with your husband.  First take care of yourself and let the husband putforth his argument before court.  Let the court decide the action after hearing the say of children.  You have no right to decide the fate of children as three parties are involved in that decision (father, mother and children).

whatnot   28 December 2016

You have agricultural land either jointly or in your name.

You have steady job.

Then seeking maintainance should not be your priority.

Also sooner rather than later elder one will be an adult.

You can seek a judicial separation so you could have peace of mind and live your life.

Or even can go for divorce, choice is yours.

 

Stay separate. Live and then take decision.

 

1 Like

Ms.Usha Kapoor (CEO)     28 December 2016

Stay seperately . try this first and then  AFTER EXPRIENCE YOU WILL KNOW WHETHER DIVORCE IS NECESSARY OR NOT. iN CASE DIVORCE IS NECESSARY FILE FOR dIVORDCE. FILE RCR AND IF YOUR HUSBAND DOESN'T LIKE JOINING YOU AND  GIVING CONJUGL RELATIONSHIP WITH YOU YOU FILE DIVORCE. You convince him fo rMCD and a seperate  agreement for MAINTAINANCE OR LUMP SUM FOR CHILDREN. COURT ALSO WILL ASK THE CHILDREN  WHETHER  THEY WANT TO BE WITH MOTHER OR  WITH DADDY. iN COURT'S VIEW CHILD'S WELFARE IS  THE PARAMOUNT CONSIDERATION. yES CERTAINLY YOUR hUSBAND WILL FILE FOR  CHILD CUSTODY. WHOEVER SHOWS MORE LOVE  ANDA FFECTION FOR THE CHILDREN ETC   THE CHIDREN WILL CHOOSE.ONE OF THEM. SINCE THE CHILDREN CROSSED 5 YEARS AGE THEY NEED TO BE UNDER CUSTODY BATTLE BETWEEN THE PARENTS. THE COURT AFTER OBSERVING THE PARENTS AND THE CHILDREN AND AFTER ASKING THE CHILDREN WOULD APPOINT THAT  PERSON EITHER  THEIR MOTHER  OR THEIR FATHER   WHO IS NATURAL GUARDIAN AS PER HINDU MINORITY AND GUARDIANSHIP ACT READ WITH GUARDIANSHIP ANS WARDS  ACT AS  GUARDIAN AND also grant him  THEIR    cutody. iF YOU APPRECIATE THIS ANSWER PLEASE GIVE ME A LIKE ON MY PROFILE.

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Sasmita (ta)     29 December 2016

Thanks for info. Some lawyer says as children crossed 5yrs, child custody depend open courts decision.How I can claim for child custody. Whether court will decide based on current and past situation or who can better take care their future. Based on what  parameter court will decide child's custody.

Ms.Usha Kapoor (CEO)     29 December 2016

cOUR TWILL DECIDE ON WHO CANBETTER TAKE CARE OF THEIR FUTURE.

G.L.N. Prasad (Retired employee.)     29 December 2016

No one can guess the attitude and mood of the concerned judge at a future point.  Depending on the s*x and needs of the children, if they are sons, naturally they must be inculcated with discipline and court favours father.


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