Regarding divorce and child maintenance
Sweta Bhattacharya
(Querist) 24 November 2018
This query is : Resolved
My husband is seeking separation stating he does not love me anymore. I am ready to compromise and do not strictly want to take that path thinking of our 5 year old child and ready to make all possible compromises. He is still firm on his stand. We are both working. My husband earns approx 1.3 lakhs per month, my self 86,000 in hand after deduction of taxes. In such circumstances I do not want alimony for myself as I am self sufficient, but would definitely ask for child maintenance as it is our dual responsibility. I am not ready for divorce, i am ready to compromise for the sake of our child, he is not ready. Hence he has to bear the expenses of child maintenance.
In such scenario how much can I claim as child maintenance or can I really claim at all.
Please respond
-Saraswati
Vijay Raj Mahajan
(Expert) 24 November 2018
Claim maintenance for child including complete schooling and university education including professional course till the daughter is able to get job and able to maintain herself, irrespective of her age as being Hindu, a daughter has right to get maintenance till she get married or has her own means to maintain herself unlike a son who is entitled for the maintenance till he attain age of 18 years.
Keep this in mind while agreeing for any settlement for divorce etc.
Dr J C Vashista
(Expert) 25 November 2018
Maintenance for child shall be awarded to the parent having custody as per status of parties.
Move for judicial separation, instead of divorce, through a local prudent lawyer.
