Divorce
Samir Kumar Mondal
(Querist) 18 March 2011
This query is : Resolved
Respected Sir,
I was filed a divorce case u/s 13(1) on 03.11.2006. Now my wife has filed a maintenance suit u/s 26 of HMA for our 6 years old girl-child although she is a permanent employee of W B Govt. and her take home salary more than mine. Our advocate told us we cannot proceed for the divorce case until we disposed off the maintenance case.
Please advice me for the questions -
1.our advocate is right or wrong? 2. can she get maintenance for the child who is now under her custody? 3. May I get custody of my daughter?
Devajyoti Barman
(Expert) 19 March 2011
You did not provide the full details of the case. If your case is pending in Kolkata or West Bengal then-
1. It depends upon the circumstances of each case which is not known from this query.
2. Yes she can get the same fro your child but she could be put to good fight.
3. Only after knowing the full details of your case it can be commented.
adv. rajeev ( rajoo )
(Expert) 19 March 2011
Whether she has filed seperate suit claiming maintenance or filed an application in the petition filed by you?
G. ARAVINTHAN
(Expert) 19 March 2011
if it is an interim maintenance application, you can not proceed with the case for divorce till the disposal of the maintenance application.
Your wife can very well ask for maintenance of your child even if the child in her custody
G. ARAVINTHAN
(Expert) 19 March 2011
You have to initiate separate proceedings for custody of your child
Arun Kumar Bhagat
(Expert) 19 March 2011
1.Your Advocate is right.
2. She can get maintenance of your child as it is the joint responsibility.
3. You can get the custody of your daughter if you can convince the court that your child's welfare is not safe in the hands of your wife by citing various reasons.
Legal Fighter
(Expert) 19 March 2011
child's maintenance is both parents responsibility and it will be decided based on income of both in proportinate manner.
Jitendar Kumar gupta
(Expert) 19 March 2011
pl. send your full particulars so that advice can be given.
