Suresh 21 May 2016

Alimony

Hi, My date January 2013 and blessed with a son after one year of marriage. I used to live with my parents and she demanded to live separately and when her demands were not fulfilled she filed a case under section 498 A, police investigation is complete and court has given the verdict about false case. After dismissal of 498A she filed a DV case in a different city with same charges and seeking maintenance. I have filed a case of divorce on ground of cruelty. She is a qualified lady and earning more than 50,000 a month. My salary is around 1,05,000 and I ma living on a rented accommodation. Can you help me with 1) Maintenance amount- Do I need to pay (If yes how much) as I have proved that her allegations are wrong and fake and on top of it she is earning more than 50k a month. 2) I am fighting for my sons custody he is 2 years old. What can do to make my case strong. Regards Suresh

Reply Follow

7 Replies

Laxmi Kant Joshi (Advocate ) 21 May 2016

no you cannot get the child custody until your child completed 5 years of age , you can get the visitations right, regarding her maintenance prove her earning in the court , court will deny her for her maintenance but you have to pay maintenance for your son .

SAINATH DEVALLA (LEGAL CONSULTANT) 22 May 2016

No maintenance to a qualified and well earning wife,as per the guidelines of the Supreme Court.A qualified wife/husband cannot sit idle and claim maintenance from the other.But U have to pay maintenance for the welfare and education of UR child.Its mandatory.

A walk alone (-) 22 May 2016

You dnt have to pay her maintenance as she is working and getting good salary. But you have to pay maintenance to your son as per SC guidelines. You can appeal for custody but you may not get it until your child will be 5 year old. Dnt worry about custody just focus your divorce and after divorce marry someone else live a happy life. If she wants to keep your son let her keep your son whole life. It will not easy for her to brought up your son alone. You should be happy for this. Dnt you think if you get custody of your son after your remarriage what will be your son future. Better forget all this as a bad dream after divorce .

Suresh 01 July 2016

Thanks for your reply.

I dont want my son to be in the same culture that she is in. She doesnt have her own house and my son's future would be ruiend if he stays with her. Is there a way wherein i can get cutody rights. Can joint custody be an option, how does it work. I can not leave my son. What can i do to get him back to me.

Khush 01 July 2016

1. she is not entitled for maintenance

2. you both have to share maintenance of kid

3. bring in the notice of judge hearing DV that 498a has been dismissed, and she is misusing laws by filing same set of complaints in different courts in different cities. Judge will definitely listen

4, if 498a is dismissed, it means she filed purely false complaints, and as per SC judgement it amounts to cruelty and you will definitely get divorce

5. for custody of kid, till 5 years mother is natural guardian of child, after that you can fight for custody

Suresh 04 July 2016

Thanks for your reply, request you to help me with her right or no right on the property, I have a small flat on loan outside main city valued approx. 15 lacs, and loan amount is 12 lacs. I live on a rented accommodation, my parents have 2 properties in their name, they are living in one and other gives them rental income, my father is a retired officer. I have 2 sisters one is married and second is living with my parents.

Please suggest if she has any rights on 3 properties