Divorce
shankar dharma kulla
(Querist) 13 July 2017
This query is : Resolved
I stay in mumbai and have three children who stay in valsad with my wife. from past three years. I work as a uber cab driver and able to run the basic needs require in the family. At present I stay in with my aunts in andheri east.
My permanent address is at khar east where my mother alone live. My wife has applied in court for the basic requirement as in money. But she is not willing to come ans stay with me and my mother's house. I was ex railway employee due to some basic reason I was expel from the service. She is not demanding for divorce nor willing to stay with me. My in law (her brother) is married and have the one kid of one years. he has force her to not to stay with me.
Should I forward to take child custody matter to the court or suggest me the situation. My first son id ten years old and studying in 6th at valsad second is in studying in 1st at valsad and last daughter is 3 years in nursery at valsad.
I want all the kids should stay with me at mumbai and i will take better care for them. My wife is jobless and she is depend on her mother's family pension but she stay with her brother mother and sister in law. Also her health is unwell forever. She apprached to the local Mahila Mandal . Allthe concers ladies were against me for this solvent matter. Kindly suggest me the case and help me.
Rajendra K Goyal
(Expert) 13 July 2017
Try to have amicable settlement.
Law is bit favoring ladies.
If not possible court may allow maintenance to her and for children.
Mostly the custody of children is given to wife, you can have visitation rights.
T. Kalaiselvan, Advocate
(Expert) 17 July 2017
If she has abandoned the matrimonial home on her own without any valid reason, you may state the same in the court while repudiating her maintenance claim and can express that you are always ready to keep her and the children with you and maintain them by giving them good food, clothing, accommodation to the extent possible by you.
You can also file a child custody case mentioning that she is unemployed and would not be able to maintain the children especially at the mercy of her brother and maternal people.
You are certain to get justice if you argue the matter convincingly with merits in your side and supporting documentary proofs.
