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Michelle Dominica (- )     18 March 2010

Maintainence & Child Custody

Hi, I am a 26 year old Divorcee lady, I was married to a Muslim man at 19 in 2002, i  converted from christianity to Islam at the time of marriage. Due to harrassment, i had to leave  my matrimonial home in 2004 with a 5 month old son  . In due course, i filed a maintainence petition for me and my infant U/S 125  Cr.P.C. eventually, i secured a job and hence filed a memo for hte same and claimed maintainence only for my son. 2 years later, the court ordered my ex- husband to pay 2k monthly.

My Queries:

1. My husband hasnt been paying the said maintainence regularly - last received draft May '09 - What should be my course of action now? 

2. My son is 6years and 5 months now, his father has never asked to visit him in these years( 2004 till date) - In case he files for visiting rights now, how could i avert it? ( My son doesnt know him at all and could cause adverse affect on the child).

3. Having being married as per Islamic rituals, he pronounced a one sided divorce to me in 2008, now i fear he would file for child custody when my son turns 7.  What should be the measures i should take assuming he does so?? NOTE: HE HAS REMARRIED AND I AM STILL SINGLE    


Request you to please give guide me .


 2 Replies


1. You may file a "Execution Suit" of payment of balance maintenance amount as well as seperate suit for "enhancement of maint. amount" based on price index and special dietary needs of now grown up child.
2. Not meeting child all these years itself is ground to deny custody as well as visitation.
3. least to least even if visitation is granted then it should be pleaded to be "supervised" one.

scharlie (worker)     09 May 2010

I am agree with arun kumar, you may file Execution Suit and seperate suit for "enhancement of maint.

the possibility of grant visitation is very less because in past years ne never try to meet him.


child custody advice for children

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