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Sanjiv kumar (service)     28 January 2013

Minor child's maintenance

Dear Sir,

I am awaiting divorce u/s 13/1(a) & (b) and my wife has pressed false allegations of cruelity and desertion against me to which I have proof to deny all charges. My querries are:

1. Is she entitled for any permanent alimony- she holds a lucrative job in 5-star hotel. i have 2 properties made solely from my resources, one in my name and other in joint name with her but entirely being paid by me. What maximum will be her share, if court decides to give her something/ and what about other assets,ie Shares/ fixed deposits/ money in my bank accounts etc?

2. we have a 14 year old son,studying in an expensive boarding achool and I find it difficult to afford the expenses alone. So far she has not contributed any financial help. Is she obliged to pay for education/ maint. of child in case we get joint custody.?

Thanks



Learning

 1 Replies

stanley (Freedom)     29 January 2013

1. Child maintanence is co- extensive when both spouses are earning .

2. Earning spouse is not entitled to alimoney .

3. The property which is on your name belongs only to you and  the property that is in joint names each would have to show their contributions towards the share of the property and accordingly they can claim their respesctive shares or other way round would be that one buys the other share .

4. In India Joint custody or shared  parenting has yet to come of age . Custody is given to one and viitation to the other .

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