Raajeev Sampat. (Self employed.) 03 October 2011

Questions.

Please enlighten me on the following questions:

1)Is it enough if the husband pays rs.2000 for his two minor children per month and rs 10,000 for his sons school fees to his wife who lives in another town if he eventually wants to file for custody of his children.Nothing has been demanded from the wife but the husband voluntarily has deposited in her account which she uses.

2)If the husband has borrowed money from his father in law and when he separated from his wife he has paid only a part of the money borrowed from his father in law,is it going to affect the custody case with his wife?

3)The father has a business where he earns approximately 4 lakhs a year including own house,rent from his other property and the wife earns rs.30,000 a month and works 8am to 8 pm what are the chances of father getting custody?

4)The wife has written to him and signed that she does not have any monetory claim on him as well as his parents and no property claim on him and his property and subsequently she emailed to him a mutual consent deed that says clearly that she has no monetory claim 'at this stage."Later can she still claim money from him?

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2 Replies

Tajobsindia (Senior Partner ) 04 October 2011

@ Author

Re. to one of my older post which was reply to a female where I divided the heads of child. maint. in relation to custody or otherwise.

1. It seems it is reasonable amount per month for two minors. [Mind it Hon'ble SC acknowledges Affidavit filed by Women and Child Development Ministry which says Rs. 6.50 per day per minor child is right amount for their welfare !!!! The official Affidavit is on their website too:-)] Whereas you have exceeded WCD Ministries funny Affidavit it seems :-)

Anyhow child maint. is always co-extensive and mother happen to earn 30 K and the extra amount you meeting without any demand and she withdrawing and spending on welfare of children then it seems to be quite reasonable even in eyes of Law.

2. Borrowing money from FIL is neither cruelty per se s. 498a IPC even as per wisdom / words of a Judgment from Hon'ble SC in similar allegations nor S-I-L shall never seek such help from her natal family written in codified Codes / Laws. Moreover it is not a material point quo custody claims by any means. It can just be a bald inference from mother if a case goes on to the floor of as no. 1 allegations well the second allegation is he is drunkurd and last allegations common in all custody claims is he is either gay / wpmeniser or will rape my child and all these allegations have been laid to rest by various HC's including Hon'ble SC in some schoking Judgments which are beised the point of scare at this stage quo your brief.

3. Monetary status of parents are not as 'the end' considered in custody cases. They are pointers to assumptive well-being of children that is all. It can never be claimed to rest on Tata / Birla status of father or tailoring status of a mother which are most common allegations - counters we hear everyday in various Courts. Everything revolves around best interest read with welfare of child and the parent who shows to Court that welfare of child are best with h/er the custody is granted to h/er and remember child custody even after finality are never permanent in nature and "under change of circumstances" be it Hon'ble SC Lok Adalat settled cases of child are re-openned and they can be ascended, modified and or cancelled.

4. Your brief says "Claim / rights at this stage" I can understand that but what about "PAST" and FUTURE" claims / rights of madam? Can she mail you sentences such as "I expressly forfeit all my past, present and future rights on maint. as well as alimony in civil proceedings under our family law as well as expressly forfits my rights to residence in shared household" Also can she also mention that "in future post divorce under any change of circumstances expressly be it inflation, price index rise, my illness, my mother's illness, famine, poverty, change of city of work, change in job status, my un-employment, any high end surgical needs of mine, loss of my residence etc. I expressly undertakes not to file any rights suit in civil / criminal court against my husband" If she can state this too and email to you well enough fine. So what we waiting for now, it is adha pakka material to bake a cake and then walk i.e. they hint for push matter for a MCD by jointly executing such agreement / compromise deeds as per local States Rules – so do wait when right opportunity comes and grab it when time comes J

However, vaguely I recollect having interacted with you in recent past. if that be so, then being a good father when you say you meeting 2 K as maint. + 10 K towards edu. then add a Cashless Mediclaim Policy of New India Insurance for value 3 L for both kids whose annual premium comes to around 4.5 K which is not going to make much dent to your 4 L annual income I suppose. Also gift kids annual sports club membership. They would love playing with other kids and will also imbibe love for sports into them. It average costs 2 K annually in tier II / III cities now-a-days. Well all these are material consideration of you coming out as responsible loving natural father and even if custody is not granted you have made ways for better visitation deal for your own children in days to come from her mother and it is equally good opportunity to see your own wards welfare in safe hands of responsible parents. See court battle is just a fscade in custody rows when in reality both parents wants welfare of child but due to acrimony between them the case reaches floor of some court as they are not able to decide in unison what is best for welfare of their own children for which they are seeking interference of a court of law.. Is it not so !

ATB.