Child custody

Srinivas Jerripothula (Querist) 30 September 2013 This query is : Resolved
Hi All,

One of my friend sister got married and she had two childerns aged about 5 years and 3 years. She got some disputes with her husband staying in her mother house for the past one year. She regularly visits her husband house to see her childern's. Now she wants to get back childern to her custody. The thing is that her husband is not working and he does not have any income source. So if she bring them house. She can file Maintenance, but he is not working so she will not get her maintenance. Till now she has not filed maintenance also. Please suggest a good advice what will be the best step to take.

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ABDUL RAZIQUE (Expert) 30 September 2013
why not you proceeding for mutual when divorce is not occur, only some disputes are between them.

Srinivas Jerripothula (Querist) 01 October 2013
Sir thank you for your reply. He is not willing to give divorce. He does not have any amount to give permanent alimony and maintenance.

Rajendra K Goyal (Expert) 01 October 2013
Whether the sister of your friend is earning and is able to maintain herself and the children. If so she may proceed for divorce.

If the husband is not earning she should try to support him morally to do some work and live with her specifically when she is not earning. Living with parents may not be Remanent solution.

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