Authorities regarding custody of minor son to father
Preet
(Querist) 03 June 2015
This query is : Resolved
i have a minor son of 10 year staying with my estranged wife since 8 years. wife is presently unemployed.I am Class one gazetted officer in government service. me lives in joint family having niece and nephew of 15 and 8 years respectively. Son is deteriorating badly in all spheres of human development whether academically, socially and mentally as has been brought on record by me.
Please let me know the authorities in this regard which may be helpful for me during arguments stage of the case and get me the custody of my son.
SAINATH DEVALLA
(Expert) 03 June 2015
U have used the word estranged wife,are u living separately or divorced?
Rajendra K Goyal
(Expert) 04 June 2015
Authorities / citation not provided. Ask your lawyer for home work or search indiankanoon.com.
Preet
(Querist) 05 June 2015
Sainath Devalla ji we are living separately since more than 7 years
SAINATH DEVALLA
(Expert) 05 June 2015
U said separated for 8 yrs,are U paying maintenance for UR unemployed wife and son?
Preet
(Querist) 05 June 2015
yes to my son to the tune of Rs. 7000 p.m,since feb 2009 (earlier it was 2500 interim maintenance for son and 2500 for wife from feb 2009, but later on wife admitted in the year 2010 that she is working and maintenance to her stopped). Now as per the recently final judgement in this case i have been directed to pay Rs.7000 pm so son since feb 2009. Now wife is out of job and totally free
SAINATH DEVALLA
(Expert) 05 June 2015
Now that UR wife is unemployed she cannot claim maintenance for the second time.But if UR son so desires can come back to U.
Preet
(Querist) 05 June 2015
i have filed the revision petition against the judgement in maintenance case.in the meanwhile wife rendered jobless.. so now can during the revision petition my wife can also claim maintenance for herself too on the ground that she is now jobless ?
T. Kalaiselvan, Advocate
(Expert) 21 June 2015
She has to prove that she is jobless and that she left the job not on her own but due to circumstances, however the burden will lie on her to prove.
