Maintenance and custody of children

Sir,

 

It is important to know as to how they are planning to take divorce, I mean mutual consent or one party will be initaiting the proceedings against the other?

 

Warm Regards

Kapil Chandna Advocate

9899011450

@Sathya,

Although I'm not an advocate, I would like to share my thoughts on this. 

I understand that your friend is heading towards divorce. Since there are 2 kids in picture I would suggest to adviceyour friend to seek some family counselling and see if there are any chances of reunion. Most of the times couples separate due to ego clash, small misunderstanding which goes unattended for long time which breaks out finally lead to divorce. Request you to be with your friend and guide him through the right path to seek harmony.

If there are no chances of reunion please work out an MCD rather than a contested one.

Wish you good luck!!!

 

Yes I understand that your friend and his wife are heading towards divorce. I also understand that they have 2 children. It is important that either one or the other takes custody of the children. My suggestion or advice would be that if the divorce can be avoided that would be great. This can only be avoided if the correct advice negotiation takes place in a proper venue where both parties have a firm understanding of the meaning of divorce. Generally when divorce happens one party takes care of the children. The judge decides who takes custody of the children. The way this is decided is that: Who can give or take proper care of the children in terms of their everyday needs. The children's consent is also taken. They also look at if the parents and determine if they are mentally fit to look after their children. Please do remember all circumstances will be different to each other and the final decision comes from the Judge. I hope this helps. KS Johal

Originally posted by : Sathya
	My Friend and his wife are Indian Citizens and both have PR in Singapore. The reason for PR for his wife was him, working in Singapore. they are heading towards divorce.  They have two children, a boy aged 8 and girl aged 4.  If they get divorced in Indian courts 1. Will he have to pay maintenance for requirements of the wife to live in India or Singapore. 2. What is the way for him to take custody of children?. Can he present the court a plan, of how he will take care of the children to prove that he will take better care of the children?

In this age there is a friend like you, kudos.

 

Why do people come up with friend story to legal forum, I could never understand..

You can do one thing, if wife approaches the court in India asking maintenance for herself and the kids, you can tell the court voluntarily that you are willing to give so and so amount each month or one shot alimony as permanent alimony to her or to the kids whatever suits both parties, and get it done while taking divorce.

 

For all this, first wife should ask in writing, only then can court ask you to pay etc.

Thank you all for kind advice.... He himself does not want divorce... but his wife is torturing him with false court cases....he has come to a point... getting rid is better.... still we are looking at how to have a amicable solution... i am asking these questions for worst case scenario....

He is my colleagues brother... and my colleague does not know how to get proper advice...Lawyers appointed by them does not seem to be clarifying things.... that is why i am asking this forum.... hope this is ok and helps....

The scenario... it may happen as both MCD or initiated by him....the fundamental point that he would like to achieve is...

1.he would like to have custody of children, because, he knows she is not a good care taker. 

2. Even though she is working, she is too money minded.....so she will  definitely ask for money. Whatever maintenance he has to pay, he wants to pay for her living in India and not Singapore as it would be very costly...

pls guide....