Legal Question in Family Law in India

wife deserted me in April 2014. In December 2014, she sent me mcd under 498a. Till date 24 dates have passed of which 15 dates she has remain absent. She is staying with married person having illicit affairs with him. My daughter since then is with her father who is drunkered and violent. judge is saying that she can apply for mainteinance for daughter. judge has rejected maintainance for her since she is educated and earning. My salary is 10,000 pm. At the most how much maitenainance can she claim for the daughter, is there is chance I can apply for custody of daughter and get her custody?


Asked on 4/09/16, 9:10 pm

1 Answer from Attorneys

Santosh Goswami,Advocate sure shot legal

She can not claim any maintenance for daughter if your earning is 10k. If you have any proof of adultery, you can get the custody but for that you need to move an application. You are confused. NCD is not served u/s 498A.

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Answered on 4/09/16, 9:43 pm


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