Child custody

1.     The court while deciding the custody of the child, the interests of the child will be taken as paramount consideration.  So, even though the boy child even after crossing the age of 5 would in most of the cases remain with the mother.  Hence, I do not see that he will get custody, if you put your pleadings that the child's welfare lie by staying with you, and you will get custody.  But, definitely, for reasonable period, he will get visitation rights and when the child ages further, he will be allowed to enjoy the company of the child for a few days and as a matter of fact, it would be healthier for the child to enjoy the love and affection of both father and mother.  So, do not put obstructions and deprive the child to get company of the father for some days in a year for his healthy growth.

2.  He has to pay for child's maintenance.  Both the parents have the equal responsibility for the maintenance of the child and the court will definitely direct him to pay maintenance to the child.  In respect of non-disclosure of husband of his real income, you have to move an application asking the court to file affidavit disclosing the income in accordance with the judgment delivered by the hon'ble high court of Delhi in "“Puneet Kaur Vs. Inderjeet Singh Sahney”.  Ask your advocate to get copy of the judgement and go through and file the application and you will get fair amount of maintenance for the child.

1.     The court while deciding the custody of the child, the interests of the child will be taken as paramount consideration.  So, even though the boy child even after crossing the age of 5 would in most of the cases remain with the mother.  Hence, I do not see that he will get custody, if you put your pleadings that the child's welfare lie by staying with you, and you will get custody.  But, definitely, for reasonable period, he will get visitation rights and when the child ages further, he will be allowed to enjoy the company of the child for a few days and as a matter of fact, it would be healthier for the child to enjoy the love and affection of both father and mother.  So, do not put obstructions and deprive the child to get company of the father for some days in a year for his healthy growth.

2.  He has to pay for child's maintenance.  Both the parents have the equal responsibility for the maintenance of the child and the court will definitely direct him to pay maintenance to the child.  In respect of non-disclosure of husband of his real income, you have to move an application asking the court to file affidavit disclosing the income in accordance with the judgment delivered by the hon'ble high court of Delhi in "“Puneet Kaur Vs. Inderjeet Singh Sahney”.  Ask your advocate to get copy of the judgement and go through and file the application and you will get fair amount of maintenance for the child.