Maintenance for kid: monthly or lumpsum

@ Author,

1. I donot know month/year RCR, custody and maintenance case by parties filed. 

2. Maintenance whenever awarded will be awarded based on co-extensive formula (if pressed by your side). My guess is about Rs. 3000/- from you and about Rs. 2000/- from natural mother. It will start from date of her application. 

3. RCR even if you win God’s cannot force her to live with you. But, the moment she wins maintenance award she can in one hearing under S. 13 (2) (iii) HMA Petition get divorce decree from Court. Child custody you cannot win  in trial court based on very generic brief that is mentioned here devour of any masala so see what you are left with in hand! 

4. Calculate maintenance arrears multiply by months and then multiply it by remaining years (till 18 years child maintenance continues). See what figure comes. 

5. Now calculate litigation expenses (advocate fees) multiple it by your productive years lost in litigation or chasing visitation of child. 

6. From above what you will succeed is probably visitation may be twice a month + few times here and there on special occasions each year and not custody of child nor even overnight custody unless you keep challenging trial court orders in superior courts. Now if parties current litigations are progressing read with by some unusual circles advise she files another case (civil or criminal) on you and/or your family then add litigation expenses you will be then spending on them to prove it false or otherwise.

7. Hence, I suggest opt for MCD and beg – borrow and pay 1 L at the time of second motion statement and rest as monthly payments of Rs. 3000/- till child attains majority subject to visitation of child (which is bound down condition for natural mother). After MCD if she is not showing kid then option is under Contempt of Court and at that stage superior Court will reprimand her and visitation will re-start and may be if properly plead some more visitation may be granted which all depends on quality of pleadings. Hence option are there in future what to do. 

8. If properly put forward above she may agree as the MCD sum for child she is asking is not that much keeping in views status of parties – up bringing standards of 5 years old child in 21st. century compared to no other litigation - case she has filed as it is not mentioned here in your brief and chances of you proving her to be a bad – abusive mother – anti social character lady to get custody (sole) is bleak for a 5 years old child until you climb all the way to Apex Court. Then keep adding further litigation expenses and productive years lost.

9. Child custody litigation is an art. Unless one parent is proved un-fit for welfare of child of such age the child is normally not transferred to other parent. 

10. Rest is your decisions. 

[Last reply]

1. Very well advised by Mr. Tajobsindia, I fully agree and appreciate his practical approach to your problem.

2.Maintenance of your daughter will be ordered till she gets married (but not attains majority)) and shall have to be paid, whether in lump sum or EMI, is your mutual decision, the Court shall not oppose.

3. Therefore, request your beloved  wife to accept the money which you can afford. It would be advisable to get rid of the problem once for all (lump sum payment) and bargain for MCD.

4. It would be better to forego your visitation rights, you shall be looser and not  winner in any circumstance. You can put a pre-condition for your share of maintenance for forgoing visitation right and agree for MCD.

5. Seek advise from your lawyer and proceed since s/he knows better than us. 

Dear Experts,

Thank you for the valuable insights about the situation.

Thanks again.

The experts have advised well on the subject issue. It depends further on the real situation. If she is employed well and drawing a salary more than that of yours, you may bring it to the notice of the court and can pray that she is equally entitled to maintain the child and also in view of the her higher income, her contribution should be proportionately higher than that yours.  About the visitation rights, she cannot dictate terms as she feels so.  The child is born to both of you, hence she cannot put restrictions against your visits, you can emphasise the same before the court and establish your rights.  The RCR petition is meaningless even if it is decreed in your favor, it is a sheer misguidance, don't depend on its outcome, it may not lend a helping hand to your grounds in other related cases. 

the above explanation is very well if you take the points as about MCD is the best option in your case as she is also agreed for the same and try to negotiate the deposit part if you could not pay that much as said above in second motion and already monthly paying is the best option  

It is very well described by Mr Tajobsindia , Dr JC Vashista and Mr Kalaiselvan , about the maintenance charges of the child you can take plea that your wife is equally responsible for that and as per the her higher income capacity her contribution to that should also be higher than of yours. Every father as his right to visit his kids and it only can be revoked where there is a real threat of life to the child from the father otherwise the wife can not stop or snatch away  this right from her husband for his visits to his children. RCR will become meaning less in he given circumstances. It will not effect any more in the case in your favour.

Dear Sirs, Thank you for your informative suggestions and advice. Yesterday I have attended counseling session. I have few more doubts and kindly give your valuable suggestions. I told to counselor that I am ready to give Rs. 2000 as monthly amount for kid. She agreed for Rs 2000. But She strongly argue for lump sum amount (Rs. 288000) for kid. Amount calculation is Rs. 2000 per month. 2000x12=24000. 24000x12 years=Rs. 288000. I told her that I am ready to give the lump sum on the basis of following visitation rights,

1. Right for 2 times visit kid per month by visiting her city (150 km away from my home),

2. Allow kid to stay with me few days on long holidays (e.g. summer vacation) 2 or 3 times in an year.

3. Allow me to attend important school events like school fests/anniversary,

4. Allow me to visit kid at school occasionally when I visit the city for other purposes.

My wife says that she only allow me to see kid 2 times per month. Anything wrong with my demands on visitation rights?

She is stubborn an I fear that she will not allow me to see kid after depositing lump sum amount. I sent birthday card to my daughter (she has 6 years old) this week. My wife says that don't send cards to kid school. Whenever I try to telephone kid at my wife home. Her mother always says baby is sleeping. Nobody attend call when I call after few hours.

She agreed for mutual divorce if I give lump sum amount for kid. Counselor says that give her lump sum amount and throw away this burden and marry another good women.

If I give lump sum amount and what I can do if she don't try to allow me to see the kid? I am in a poor financial condition after building new house together with my wife two years back. She got property from her mother, so property in her name. I have no ownership and have no proof on spent money (I spent Rs. 4 Lakh, total budget is 12 Lakh) to build a house. Now she says that I have not shelled out even a coin for the house and daughter.

I have submitted RCR and Child custody on March 2014. After that she file a petition for child maintenance. She expressed her stand to counselor that she don't like to continue this relationship.

If RCR allow in favor of me, how much time I have to wait to file a divorce?

Can I get any favor from court if I apply for divorce on the ground of RCR decree?

Is it a good idea if I file a divorce after the verdict of child custody and maintenance case?

What is the effect of filing divorce with or without RCR decree in favor of me?

I think that no meaning to continue counseling sessions this way. Next court session is on first week of December 2014. Due to her nonsense talk and stubbornness we can't form a consensus yet. I think better to seek court decision to find a solution for visitation right and maintenance.

Can I ask counselor to pause the counseling session and I want court help to find a solution?

Regards,