Legal Question in Family Law in India
Hi,
Im 30 yrs old female married for 7 yrs and mother of 2 sons 6 yrs and 4 yrs old. All the years of marriage hasn't been good with cases of sexual abuse, in laws mental torture. Now husband has started doubting me also and abuses cause of that giving mental tension. He is now disgusted and asking divorce as i am not fulfilling 'wife' duties.
So if it's we go for mutual constent divorce, will i get both child custody? Will i get maintenance? Alimony? How much can i claim ? He earns around Rs 70k take home. I am not working now
2 Answers from Attorneys
1) First hv u exhausted all the possibilities of conciliation in the presence of family elders.
2) If decided ultimately to go for divorce, u may file case under 498A and DV , which once filed cannot be revoked by u. Otherwise, if he is simply asking for MCD, to avoid maintenance, share household then he will escape taking MCD plea.
3) The court will decide in whose care the welfare of the child is better and accordingly the custody will change depending upon the age, financial standing of each parent etc.
4) The alimony depends upon the standard of living enjoyed by wife during her marital life besides the salary of the estranged husband.
5) Discuss with local Family Law expert lawyer of repute and present all full facts who would be able to explain in detail.
3)
Dear client if u both r deciding for mutual divorce then u can tell husband that custody of children will remain with u. With divorce u can ask good amount as alimony and monthly maintenance for u and kids up to 25000 rs. For any legal help call me
Adv prasad patil
9604349028
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