Legal Question in Family Law in India
I have applied for divorce and it is still in councelling stage . My son is 2 yrs. My husband is not providing any maintenance. As per interim he has been givem 1 hr visitation access. He has applied for child custody, however the councellor told him he would not get the child custody. Once the divorce is granted and the child custody is given to me can he claim for child custody again ..anytime in the lifetime..or would the child custody passed would be for a lifetime.
If he can re claim child custody at what age of the child can he do so.
At what stage will i start getting maintanence, i know for sure he wont give me monthly allowance can i claim for one time settlement.
3 Answers from Attorneys
the detailed answer will be very long so i am replying in short.
he can reclaim visitation rights IF YOU DIDNT TAKE CARE OF THE CHILD ... but there are lot of factors which the courts will consider. normally no body asks for the custody later
you can go for one time settlement of money matter .. it is better and advisable.
with the change in circumstances, husband may claim custody of the child. But he will have to show that the changed circumstances will lead to better welfare of the child in his hands. in case even if the circumstances changed but you continue to have better welfare of the child, then he cannot get the custody. You are entitled to maintainance from the day of seperation. you may file under 125 cr pc or sec 12 Domestic violence act
After the age of 5 of your son, he can claim again, Further file case u/s 24 and 125 and get interim and permanent maintenance which is your right.
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