aaliya (none) 04 February 2013
hi all,
i have filed maint crpc 125, dv , n 498 cases against my husband who has given me talaq..v hav a 1.5 yr old son n he is not interested in him either.. my query is max how much tim wiil these cases tak 2 finish..if lik i get marriage proposal in between can i tak ne lumpsum amout n withdraw dem..my son is wid me ..bt later if i get married will b raised up by my parents ...sooo for him i want lifetime maint..from his father..no lumpsum here..plz suggest...n help me.
Goutam Prasad (Advocate) 04 February 2013
It is up to you whether you want to withdraw those cases or otherwise. The position of law, which I must inform you that you will be entitled to get maintenance for your self only till your second marriage.
Although, you will be entiled to have maintenance for your child even after your second marriage. However, in that situation your husband may ask custody of your child to deny maintenance. If he does so, you will have to defend his suit for the same.
Regards
Goutam Prasad
Advocate
danish (Manager) 04 February 2013
See its complete waste of time trust me, u r divorced now so its time to move on. U r lucky u got divorced easily otherwise ur X may made u run from pillar to post JUST TO GET DIVORCE. BY THE TIME UR HAIR WILL TURN GREAY.
nO POINT FIGHTING 498 DV IT WIL TAKE YEARS N YEARS.
One thing u can do is to claim maintanence for ur minor son .
RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA) 04 February 2013
Agreed with the views of Mr. Parsad!
aaliya (none) 04 February 2013
thx all for the advices
siranjeet (JE) 04 February 2013
u can get maintenance till 2nd marriage only if u are unable to maintain herself or not employed and ur son can get maintenance till majority (18 yr of age) and not for life time as u think
as per custody of child is concerned in indian law system physical custody of child is rarely changed and only in exceptional cases specially from mother to father
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