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shruti (school temperory teacher)     22 November 2013

Child custody in case of girl

my husband filed divorce case on me and also apply for child custody(specially in case of girl). i m working women in school and earn 3000 pm salary in cash. but my husband now every thing about me... please explain what can i do.. my lawyer told me that i will pray in front of judge for one property in my name and also maintance 15000pm.... but i found my husband monthly earning is 18000pm... please give me advice. what can i do?


 

thanks in advance



Learning

 6 Replies

498 A fighter (Advocate)     22 November 2013

shruti mam i had sent you  a mesage check your message Inbox now..

Laxmi Kant Joshi (Advocate )     22 November 2013

Shruti ji will you please tell , on which ground your husband had filed the divorce , i suggest you to solve your problem amicabily throwout your ego aside collect yours relatives from both sides and arrange a meeting to reconcile the matter , It will be not good for both the parties , what is the age of your girl ? mostly the custody of girl child is given to her mother but if she has no handsome income and incapable to give better education and life to her then It may be given to her father ., but do not go for It solve your problem and live together happily .

SAM (LEGAL)     22 November 2013

my husband filed divorce case on me and also apply for child custody (specially in case of girl).

Ans: Husband has filed divorce, it means that you have done something wrong with him and that's why he had done like this with you or else he would not have done this with you if you would have done like what he wants from you. In many cases wife is more responsible for divorce and due to which husband have to take this stand. Why would a happily married couple want to seperate?????

i m working women in school and earn 3000 pm salary in cash.

Ans: Why you beg for his money, if u are earning then you are not liable for maintenance amount

but my husband now every thing about me... please explain what can i do..

Ans: You can do nothing now, but to fight with him

my lawyer told me that i will pray in front of judge for one property in my name and also maintance 15000pm....

Ans: Your lawyer wants to earn money from you and do nothing else, how come his property which he acquired becomes your if he is not the owner of the property and do not have any share in the property?

Ans: I dont know when you are a teacher and you beg 15000 pm??? why u beg?? you would get nothing in ur hand except Rs.2000/- pm

but i found my husband monthly earning is 18000pm... please give me advice. what can i do?

Ans: Don't do anything, you have time with you now, try to patch up ur relations with him or else file for mutual consent divorce and be free bird and trap someone else (bakra)

Prabhat Shroff (Advocate)     26 November 2013

You may immediately file an application for maintenance in the pending divorce case. You may pray for whatever amount you like; however, the court will grant you only a share of the husband's earning, PLUS, an appropriate maintenance for your daughter (provioded the custody of daughter is granted to you). You should also opposae the custody application filed by your husband, since, normally, custody of a girl child is awarded to the mother, provided the mother is able to care and look after her properly.


(Guest)

hey sam...tere peat me kyu aag lagi h... tu bhagwan h kya?? jo woh MCD le.....

Adv. Chandrasekhar (Advocate)     28 November 2013

Madam,

What you have to do in first instance is that you have to contest the child custody case.  Your earning a paltry amount of only Rs.3,000/ will not disable you to get custody of the child.  The courts will grant the custody of the child keeping in view of the paramount interest of the child and that interest may lie for a girl child to live with her mother and the financial difficulties to be crossed over by directing the husband to pay maintenance to the child.  In your case, the wage of Rs.3,000/ is far below the minimum wages notified by the Govt.  So, file a maintenance petition for yourself and your child under S.125 cr.P.C.  And also fight the custody case.  If you do not want divorce, needless to say, that you should fight the case on merits.  All these things if the mediation fails and if there is no scope of reconciliation.  Once reconciliation fails, then only people should and would resort to legal remedies. 


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