subhashri (senior accountant) 20 November 2013

child custody

My sister has filed divorce petition, Interim maintenance and child custody during June 2012. She underwent three counselling sessions with the judge.Their relationship is beyond repair. My sister pleaded for divorce and alimony towards maintenance of her and childs expenses. She is staying seperately and taking care of her child educational rental and day to day expenses.

Her husband agreed to pay 15000/- maintenance towards child's expenses in-front of the judge during the counselling process. But he has not remitted the amount in my sister's a/c till now. When our advocate asked the advocate represented by her husband, he says I have not received any court order.

The court has asked him to file response to the petitions we filed. He has not done that either. He is not willing to divorce my sister and give alimony. He is a pshyco and tortured my sister. My sister had to walk out of the relationship after 7 years of loosing battle.

Repetitive advises by elders, lawyers have failed. He is not willing to shell out a single penny neither he is responding to the notice.

What should my sister do in this situation. She felt cheated and deserted. How do we claim the interim maintenance and make him sign the divorce papers.

We want to proceed for permanent alimony once the above issue gets settled.

Please advice.

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2 Replies

great india (manager) 20 November 2013

1. if she has taken 7 yrs of such torture, a few more months of proceedings. if case goes ex partee , then attachments and warrants.
2. if she well educated, ask her to start working to reduce stress, burden and get some money, court proceedings take ample time.
3. ask lawyer to apply for interims, he may be knowing all sectons of maintenance by heart.
4.try settling amicabily, if not legal battle takes years to follow, thus ask her to work for livelihood till disposal of case.

Deeply Hurt (PM) 20 November 2013

The factors that the court takes into consideration for permanent alimony/maintenance for the wife as as follows:

A) The status and position of the husband, his income, his assets and his lifestyle -

The position and status have reference more to the financial than to the social position. Income and financial status are the most important factors while arriving at a justified amount to be awarded as alimony/maintenance.

B) The reasonable wants of the wife -

Want is not confined to what is required for keeping the claimant wife alive and providing for food only. When a minor child is living with the mother, the necessities of the child are also considered. Much emphasis is given on the reliefs prayed for by the wife by taking into consideration the status and station in life of the parties, the duration of the marriage, support and education of children, the ability of the spouse to earn and their future prospects, as also their age, health, liabilities, liabilities of the husband and the reasonable wants of the wife.

C) The wife's own income or earnings -

The court will not only take into account the position of the husband but also the position and situation of the wife. In case the wife is working and drawing a handsome salary, the Court will certainly take that into consideration along with the husband's income and then depending on the facts and circumstances of the case decide whether alimony/maintenance is to be awarded to the wife and if yes, then the amount she shall receive from the husband.

All the above aside, why are you & your sister both into legal begging like this? Maybe you both could work even as maids to support yourselves and your inflated ego! For sure, just as you are complaining that your MIL is bipolar and your BIL as a psycho - they too will come out with their versions of what atrocities you've committed against them. You want Divorce, Maintenance, child custody et al - you cant have the cake and eat it too!