Plz read and help plzzz

As per law, you have to give maintenance to your child and wife, if you can proved before the court that she is working and get more salary than you, the court consider, and upto majority of the child the baby will keep mother. 

 

where are you from ?

I have different opinion to the above learned expert. Since the child is above 5 years you can file the case under custody and ward act. It is left to the discretion of the child and other factors which court will take into consideration like under whose care the child will grow, willingness of child to stay with father and so on and so forth. Coming to maintenance you cant escape from maintenance unless you prove to the court that she is well qualified and earning sufficiently with all proofs. Remember the burden of proof is your responsibility. Even if the maintenance is granted the court follow 1/3rd of your income minus your expenses or unless judge decides other factors. But don't be dissatisfied if you don't get the custody, since you are the natural guardian, you will definitely win the visitation rights. So approach case in a cool manner and good luck Mr Sheik, please guide quriest properly don't only think about adding customers, because of you people the lawyer profession is getting downgraded. It is one of the honorable position if utilised in the right way.

She mentioned clearly in her notice send by court to me that She is Highly Qualified and high Social Status Women while i was working in a shopping mall n getting Rs. 5500/- i have salary slip but due to some heath problems i have to quit this job and i am unemployed now. i have docter's treatments reports too.so what documents i can submit in court and if maitanance will be granted so how much it can be according to my previous salary?

She mentioned clearly in her notice send by court to me that She is Highly Qualified and high Social Status Women while i was working in a shopping mall n getting Rs. 5500/- i have salary slip but due to some heath problems i have to quit this job and i am unemployed now. i have docter's treatments reports too.so what documents i can submit in court and if maitanance will be granted so how much it can be according to my previous salary?

She mentioned clearly in her notice send by court to me that She is Highly Qualified and high Social Status Women while i was working in a shopping mall n getting Rs. 5500/- i have salary slip but due to some heath problems i have to quit this job and i am unemployed now. i have docter's treatments reports too.so what documents i can submit in court and if maitanance will be granted so how much it can be according to my previous salary?

Dear Mr Faisal,

You are being unemployed now does not stand the defence as you are incapable for earning, your previous record of earnings can be the basis of assessment for determining the maintenance amount related to the salary and the capacity of the person to give.

Now comes the point that whether she is entitled for the maintenance of not is the question related with her qualifications and earning capacity even if she is not earning now if she is capable to earn and maintain herself she will not be getting any maintenance amount for her but for the child you have to pay even if she belongs to a very rich family.

About the custody of the child the welfare of the child and his future is the prime importance in the eyes of the court till he attains the adult hood if she is having better environment to provide the child than you she will get the custody of the child irrespective of your love and affection to the child. His welfare is paramount always while deciding the custody mater.

For further legal assistance on nominal charges,  you can contact undersigned on below given  phone number.

 

Advise, always take assistance from an experienced and well educated Advocate of the field. You can see my credentials on site for my appraisal.

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Anand Bali, Adv.
(B.Com., M.A., LL.B., M.B.A.)

Supreme Court Of India,
High Court & District Courts of Delhi, UP & UK.
For Civil, Criminal, Property, Recovery, Consumer,
Service & Family Dispute Matters.

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