Legal Question in Family Law in India
I have a 2 years old child. I have been seperated from my husband from past 18 months. Now I would like to file a divorce case but my husband has put a condition that if he has to pay maintenance than he would like to take the child with him for vacations. If I am not asking for maintenance than he wont put any parenting rights on the child and I can have sole custody of child. Than he would not take the child for vacations and every alternate weekends with him.
Could you please guide me if there is any law in India wherein I can get the maintenance for the child but the father cannot take the child with him for vacations. If he wishes he can come to my place and visit the child. Because its very clear that he doesnot want to pay for maintenance and hence he is putting this condition. He is not having any attachment with the child.
2 Answers from Attorneys
maintenance is your right and visitation is the right of father. better ask for maintenance and in case he insists upon taking the child for vacations, ask him to secure court orders. visitation at home should be allowed without any condition.
Ask for maintenance and let him ask for visiting rights thru court if the divorce is contesting one. Generally the court will not allow the husband to take the child of 2 years for a vacation without you.
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