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Amit Bora   24 August 2017

Divorce

After 6 years of marriage also we have achild of 4 years. Now my wife wants divorce also some maintenance money, however she has a very good job and earning more than me. What can I do?


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 12 Replies

Amit Bora   24 August 2017

If my partner has sufficient sources of income, still she can demand money from me?

Amit Bora   24 August 2017

under section 13 (B)

Advocate Bhartesh goyal (advocate)     24 August 2017

No,your wife is not entitled t� claim maintenance as she is earning and having sufficient means to maintain herself however your child is entitled to get maintenance from you.

Amit Bora   24 August 2017

Thanks for wishes

Sachin (N.A)     24 August 2017

Your wife is note entitled for maintenace as she is earning.

You and your wife are equally responsible for expenditure of your child

Nitish Banka (lawyer)     24 August 2017

No maintainence case is maintainable

Advocate Nitish banka

Lexspeak

Siddharth Srivastava (Advocate)     24 August 2017

If things are not working then it is better to go for mutual divorce and pay money for maintenance of child. You are otherwise legally bound to maintain the child.?

Amit Bora   24 August 2017

who can keep the child ? husband or wife?

saravanan s (legal advisor)     25 August 2017

If you are going for Mcd then child custody would be according to the terms agreed in the mou.if it's contested divorce then since the child is below five years of age custody would be given to mother and you will get visitation rights

Ramkesh Kaushal (Advocate)     26 August 2017

your wife is not entitled for maintenance but your child entitled.

Ramkesh Kaushal 8826802789

Ramkesh Kaushal (Advocate)     26 August 2017

custody will depend on proceedings.

Adv Radhika Mehta (Advocate)     27 August 2017

Since it is a Petition under 13(B) i.e. a Mutual Consent Divorce, the terms of separation depend upon the consensus reached by you and your wife.  No straight jacket formula can be applied by the legal experts here.  If you feel that the income earned by your wife is sufficient, you can refuse to pay and file a contested Petition for Divorce.  However, if you feel, and you are the best judge here, that your wife does not earn enough, then you can offer to pay her a sum which is within your financial limitations.  Such amount can be monthly or a lumpsum amount.  

However, no such excuse can be adopted as far as your child is concerned.  You have to pay for your child's educational as well as day-to-day expenses. 

As far as the custody is concerned, that also depends upon the agreement reached by you and your wife in this regard. You can opt for joint legal custody, which means that all decisions pertaining to child shall be taken jointly, with the physical custody being with one parent.  In any case, do not forget to work out detailed access schedules. 


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