Regarding Child custody and maintenance
Querist :
Anonymous
(Querist) 21 April 2011
This query is : Resolved
We got married in Feb 2009. She immediately went to USA and never played the role of dutiful wife. I found her being in touch her ex after our marriage. Since she was using pre-paid number, i could not get itemized bills. So I don’t have any proofs of her having affair. We did not stay together even for 1 day. Since I was pursuing my studies and she was out of country. We both filed a mutual petition in April 2010. After filing for divorce, she asked me a chance and started threatening me of committing suicide. I really loved her bottom of my heart so gave her a chance. We started living together from June 2010. She started forcing me for baby and I agreed for it. She conceived in July-August 2010. She changed too much after pregnancy. She constantly fighting with me and kept asking for divorce. Baby delivery is due in May 2011.
Finally I restored the same petition. Now she is looking for maintenance. She is working and her salary is 9 lakhs per annum. She gets around 55000 per month in hand after tax deduction, pf deduction and all. My salary is also comparable to her. She owns a house in Bangalore. I started my career in June 2010. I don’t have any parental inheritance or any property. I have responsibilities of taking care of my mother and younger brother education as well.
She is behind my money. During our stay from June to September, I took care of all expenses and she did not share even 1 paisa in house hold expenses. I used to give her 10000 per month for her pocket money as well. Her mother was also staying with us.
I am looking for child custody but she is not willing to give it. I am looking for joint custody. She is looking for one time settlement for child education. I want to own up my child education in future as well. But she is asking very hefty amount in settlement. My living expenses depend on monthly salary. And I hardly have any savings. I don’t have any property, land or even any vehicle. My questions:
1) If case is referred to mediation centre on our next hearing, who will come up with settlement amount? Medication centre staff or we have to come with our own terms?
2) Even if I take personal loan and manage to pay settlement amount with some negotiations, what would be safest way to pay? Can a saving account open in child name with join ownership of husband and wife? Or is there some other way?
3) What about child rights? Child can ask for his own rights after some time right? Or what if she influences our child to grab more money from me in future?
4) I am willing to take some education plan for my child that will help him/her in higher education in future. Can this be a basis to reduce settlement amount she is demanding? can this be used for legal recourse?
5) My obligations for child upbringing will always be there and I want to play role of dutiful father. She is also working and shares the responsibility towards child. Is there any method to calculate one time settlement/maintenance amount?
Devajyoti Barman
(Expert) 21 April 2011
1. It is your wife who is supposed to ask for money, if any not the staff.
2. Term deposit in Trust of the child.
3.Yes bot through the mother till he attains majority or she gets married.
4.Yes but it depends upon the your wife's consent.
5.No but in Bengal it is the 1/5th income of the husband in the case where the wife is unemployed.
