Request help in claiming child maintenance

Though you are empolyed and earning equally, your husband is liable to contribute equally for the maintainance of the child. In case of contested divorce, he will have to prove the grounds, the court will not grant divorce on his wish. In case of MCD you can opt for one time settlement for the child. You can file u/s. 125 crpc for the maintainance of the child and get monthly maintainance. His take home income will be considered while determining the amount. Even if he is in private job, he is bound to provide for the child.

Thanks for the Kind response.

However my advocate says that I have to pay court fee of 7500/- per Lakh, in case of one time settlement. Is that true? I am sorry to have forgotten to mention this point.  Please let me know.

Thats not true...

i advice my clients not to go for one time settlement as maintainence. 

Dear Lawyers,

My case is same as Indumathi's.In my case other than being employed we have joint house,which my husband wants to give it to me by removing his name and not the loan. I still have to pay the loan along with child maientenace through out life. he doesnot want to give single rupee. My lawyer says tht  getting the house is good enuf,if you go to court , they will give some meagre amount per month as I am also earning and house they will ask to divide in equal .Kindly suggest. my husband's father has lot of properties ,can I get part of it.

how can he remove his name when it is under loan? based on both financials only bank or other NBFC would have extended loan, so it is practically  not workable. if u have filed for maintenance go for monthly maintenance,because the above proposal leaves lot of unanswered questions. so i adivce do not get in to confusions. 

What I meant to say is the loan is also in our joint name as the house. So he wants to remove his name from the loan and the house and hand it over to me.but for maientenace he doesnot want anything to be given for my child.Also is it possible to get anything from Father in law's pproperty. What if I dont find this proposal good I wont give him MCD. So what kind of steps can he take.He is in a hurry for divorce as he wants to marry his keep.

What I meant to say is the loan is also in our joint name as the house. So he wants to remove his name from the loan and the house and hand it over to me.but for maientenace he doesnot want anything to be given for my child.Also is it possible to get anything from Father in law's property. What if I dont find this proposal good I wont give him MCD. So what kind of steps can he take.He is in a hurry for divorce as he wants to marry his keep.

As the property is in joint name and under mortgage with the financial institution/bank, the original documents of the property might be in the custody of the FI/Bank.  In such circumstance, it is cumbersome to delete his name or to get the relinquishment deed executed by him properly registered, to make you the sole owner of the property after discharge of loan to the FI/Bank.  Even after going this lengthy and cumbersome process, still you will be burdened to discharge the loan accrued on the property for getting absolute title of the property.  Now you are on better footing having the custody of the child and no urgency in obtaining divorce, where as he is in hurry to have another marriage.  Now, you play your cards carefully and he will not only discharge the entire loan and also after getting the original titles from the FI/Bank, execute relinquishment deed and hand over the clear title and also pay the child maintenance.  Only thing you require is just to show patience and refuse for MCD, as you are not interested to take divorce.  In the meantime, to put appropriate pressure, you can file domestic violence case and in that case, you seek residential rights in matrimonial home and also for child maintenance.  You will get both.  Some people ask that where is domestic violence in your case.  Having extra-marital relationship and forcing the wife to procure MCD are illustrations of domestic violence.  In respect of in-laws' properties, you and your child will not have any rights, as they are the sole owners of those properties during their life time and after that your husband will be the sole owner.  So, neither you nor your child will acquire any right on those properties during the life time of your husbnd.  After divorce, if the property comes to your husband and he expires without writing any will, then your child will get a share of the property as prescribed in law.   Finally, on one point I agree with your advocate that in these days, the maintenance amount that awarded by the courts is not that much, but as your husband is in hurry, it is good for you to play the delayed game to derive maximum monetary benefits and also child custody.

Thanks Chandrasekhar,

While I have agreed for MCD where in my husband is ready to pay the home loan and entirely give the house in my name.

he is not giving anything for the child  maintenance though.

In return I  am giving 2 sets of ornaments and mangalsutra which is in the locker in joint name.

he wanted the list of jewellery and wanted all of them given by his parents ,relatives to hand it over to him.

I disagreed and managed to give above mentioned stuff worth now 2lacs+.

his monthly take away is 1.5 lacs approx ,mine is half of it. I didnot ask further to pay for child maintenance.

Is it possible to claim from exhusband after the divorce for child maientenace. I have not yet signed the MCD agreement.