Dv and maintenance
Querist :
Anonymous
(Querist) 29 November 2017
This query is : Resolved
Hi,
I am married from last 9 yrs and from last one year I am living with my parents. I have decided to take divorce from my husband, as he has cheated on me from last 6 to 7 years and for many other reasons too. we have decided to go for mutual divorce.
I am a working lady. We both have a joint property for which I have paid approx Rs.25 lacs for loan and also spent approx Rs. 10 lacs for misc expenses for home. My own expenses are owned by me which are over and above this. We both have a 8 yrs child.
I want to know the process for child custody and child welfare expenses or maintenance expenses which as a father he has to bear.
Since I have spend so much amount of loan, what all I can claim from him.
Regards
Vijay Raj Mahajan
(Expert) 29 November 2017
As far child custody and visitation rights are concerned that you both can workout. You both can decide to keep child with mother during most period in the week and weekend he can be with father or as you both feel comfortable.
As the child is common factor between both of you apart from the joint property, the responsibility of the child is on both of you, so whatever expenses are being incurred on the child should be shared equally by both of you.
The joint property where you both have invested should either be kept as its present status and you both can pledge by making a Will to go to your child after your death. Presently if you keep the child with you in the property than you should continue and your husband can move out or vice versa as is convenient to both of you.
The issue of istreedhan , domestic violence litigations, joint bank account, other joint household properties etc. can likewise be resolved by both of you in an amicable manner.
All agreed by both can be reduced into an MOU that become part of the divorce by mutual consent case file.
I have handled number of such cases in Delhi/Gurgaon Family Courts and things workout very well between parties.
vijaymahajan5758@gmail.com
V R SHROFF
(Expert) 29 November 2017
You did not mention child is a Girl or Boy?
Daughter's custody will usually be with mother.
If son, and now over 7 years of age can be handed over to any one who looks after the paramount interest of child.
Property being joint, try to part with consent.
Best is ; consult a Marriage Councillor; try to find out the root cause of your disputes [ as I read, no matrimonial offence] . Dissolve misunderstanding. It seems there is no urgency or emergency. Take another 6 months discussing with elderly experienced well wisher, Think about the future of your child, try to make your partner (Each other)happier. Keep cool, be a giver, not taker. Observe the change in your level of happiness, and then decide in 7th month.
It is upto you to punish him or forgive him!! Both rewards.. Under all circumstances you win.
P. Venu
(Expert) 29 November 2017
Yes, the facts posted suggests that there, still, exists chances of rapprochement. Both of you share much in common, materially as well emotionally. The welfare of the child should be a common guiding factor in arriving at a settlement.
Querist :
Anonymous
(Querist) 30 November 2017
Dear Mr. Venu & Mr Shroff,
Same has already been tried three to four years back, but the things are still the same or even I should say worse. He has already been given a second chance but same doesnot worked out in my case.
Querist :
Anonymous
(Querist) 30 November 2017
Dear Mr. Vijay,
Thanks for your valuable response. please advice how to finalize regarding child welfare expenses, what all are included in this. Do we have to fix an amount that he has to give every month to me for the child as he will be with me for the week and in the weekend with his father. Or these are only the educational expenses which will be shared or he has to give. What is his responsibility as a father for child after divorce, as I will be taking the custody of the child.
Regards
Querist :
Anonymous
(Querist) 05 December 2017
Please advice how to finalize for child welfare expenses. What is the responsibility of the father towards child after divorce.
Querist :
Anonymous
(Querist) 07 December 2017
Waiting for your response, please advice.
Guest
(Expert) 07 December 2017
Presently, you don't have any such problem for maintenance. Your question is quite premature. First file DV & maintenance case and then ask your question.
Frankly speaking, as per your description of the problem, you can't claim even a single penny from your husband for the maintenance of your child, more particularly in your seemingly a hypothetical problem.
Don't forget, you might have decided for divorce, but you have not yet applied for divorce, what to say of having taken any divorce.
I am sure, no expert at the LCI has the authority to decide your case, even if you provide complete data of your own income as well as your husband's income.
Guest
(Expert) 07 December 2017
I wonder to see that some experts rush to respond to the queries without analyasing the background of the case or the nature of queries, more particularly, when the problems of the anonymous authors are mostly of the hypothetical nature.
