Maintanence and child custody

@Priya...I am little bit confuse here.

Problem is your husband is scorned person and because of this you are living with your monther.

Would you please anwer my questions

If you know he is not a good person, they why did not you filed for divorce?

In past, did he ask for child custody ? If yes why did you reject it?

@Kiran

Hi,

I am not ready to give him divorce until unless he settles for myself and kid. And that too I dont want to initiate it.

And he never asked for child custody and he never cares about them. They are currently living with me only. I want that to be a legal custody so that in future if at all i need to do anything for them (passport etc.,) I dont need his help.

I feel so sorry for this.  When he  had beaten you on the street and the police as usually did not take any action (as if husband has the birth right to beat the wife or it is a mutual matter between husband and wife), you should have filed domestic violence case against him.  Further, he manhandled your mother, she should have filed domestic violence case.  You  see, in such cases, the first thing what you have to do is to file a police complaint and after waiting one week and if you are not satisfied with the police action/inaction, you should engage an advocate and file domestic violence case in the court directly.  Under this Act, 1.  You can get mainteance for yourself and your children. 2.  Under this Act, you can have the custody of the children.  In your case, as both the children are girls and are below five years, you will get custody. For permanent custody, you can file custody case, but as the relief is available in domestic violence case, you need not take this recourse right now.  But note that if your husband files application for visitation rights, he will get visitation rights for some hours in a week.  But your advocate will ensure that neither yourself nor your mother do meet any rough handling in his hands during that visittion period. 

If you require any further clarification, you can contact me on 9868332610 between 5 to 6 PM.

@ChandraSekar Sir,  Thanks a lot for your reply.

Could you please clarify me on the below.

1. My husband has my previous employer payslip, Form16 etc., Am also looking for job now. So if he submits that will I get maintanence?

2. He is working in ships. So he will be in abroad from March to Nov. His take home salary is more than a Lakh. Howmuch my kids will be getting per month.

3. During his visitation if he raise hands to me or my mom what should i do. Again complaining in police is waste i guess bcz they are not taking any action.

4. How long this case will go I mean the time period.

Please help me on these queries.

Thanks.

1. My husband has my previous employer payslip, Form16 etc., Am also looking for job now. So if he submits that will I get maintanence?

As  at present you are unemployed, the documents he produce abour your previous employment will not effect your case for maintenance.  But you have to convince the court that you have been putting best efforts to get employment and not sitting idle to get maintenance.  For that, whenever you apply for a job, keep copies of those applications along with postal receipts, if those are sent by post or e-mail copies.  Even if you get job, if the salary earnings of your husband and yourself vastly differ and if you are not earning handsome, court may grant maintenance on the ground of change of life style after separation of the spouses.

2. He is working in ships. So he will be in abroad from March to Nov. His take home salary is more than a Lakh. Howmuch my kids will be getting per month.

Very good amoount, which may help you to tide over your financial distress.

3. During his visitation if he raise hands to me or my mom what should i do. Again complaining in police is waste i guess bcz they are not taking any action.

That is why, your advocate will take appropriate protection orders under Domestic Violence Act to provide safety to you, your mother and to you especially at workplace and on the streets.  The court has got the power under this Act to restrict him to such an extent that he should not be allowed even to have telephonic talk or email exchanges.  Any violation of court order, will put him behind the bars by your affidavit to such an extent in the same court.  So, he will not dare.

4. How long this case will go I mean the time period.

In both custody case and domestic violence case, interim relief provisions are there.  You can get them within 3 months from the date of serving of notice on the opposite party.  The case finally will be decided between two and half to three years.