Legal Question in Family Law in India

10 yrs. old child custody and maintainence
i got married to a christian girl 11 yrs. back by arya samaj padhati in 1997,march 5.we have a son of 10 yrs. and my father took my concent forcibly and re converted my wife as a christian.for last 4 months my wife and me are living seprately because my father in -law wants me also to convert into christianity.i am not agree so my wife took my son and went to her father.now she is claiming for maintainence and i want my son who is 10 yrs. old. my first question is can my wife ask for maintainence when she is also earning--name removed--3000/ month.my second question is who will get physical custody of my 10 yrs. old son when my wife is only 12th pass and i am a B.Sc.,wife earns 3000/month and i am earning 20'000/month and also wife has no property and i have some property.also in march 4th 2008 my wife took the case of divorce back and lived with me untill 25 march 2008 and agair complained in the police of section 498 A and 323.iwant my child as my wife is less educated,earns less and is of unstable mind.

Asked on 6/11/08, 9:18 am

5 Answers from Attorneys

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Re: 10 yrs. old child custody and maintainence

yes,wife can ask for maintainance but since she is earning so she herself is not entitled for mainatainace unless her earning is not sufficient for her.Being father you are natural guardian of the child and since you have means also so preferance may be given by court subject to your case and claim.

Answered on 6/13/08, 4:46 am

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Sudershan Goel India Law Offices of Sudershan Goel - Advocate

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Re: 10 yrs. old child custody and maintainence

To establish your seriousness and bona fides for caring your child, you should start sending at least Rs.5,000/- per month to your wife, for her and child's maintenance, with immediate effect before any of the parties appraoches the court.

You may get custody of your child, if the child agrees to live with you; otherwise, you may get "joint custody" with visitation rights.

Answered on 6/12/08, 1:17 am

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