Legal Question in Family Law in India
I am advised form this site oly that for mainteance, I need ot prove only my husband's tentavie source of income and his standard of lving. If I just say his income is 30k, is that enough? His living stadard is very moderate. he lives in a reted house paying 7k, tax savings upto 6k pm, his food and phone expense etc come to around 3k and petrol 1k. plus normal other expenses etc around 2-3k. So roughly he spends about 20k managing the house alone. Wha can i expect to get as maintenance for me and my 4 years old daughter? Besides, when I left the matrimoial house, my kid's studies were going on. Can I blamed of having neglected the child's education and can the child's custody be given to my hsand who is from the field of education himself? Moreover, since we are now in separate cities, even if I am given the child's physical custody, can he as a father exert his right to decide tha he wants to educate the child in the city where he lives. he lives in a metropolis whereas i am at my parents' place that is relatively a smaller district headquarter. So, can the court's decision regarding the decision of where to educate the child go in m husand's favor? can it go negative on me that i neglected the chld's ogoing education? Please advise for each point. I am totally confused owing to various view ponts. I seek a proper advice as per the litigationn. it may e noteworthy to mentio that I have not got any plausible reason or rocksolid ground to either seek divorce or stay separate except my own personal dislike and disgust. I and my famil are planing to go for the mutual consent. What if the other party doesn't agree? can it go for contested divorce then? What is the minimum period of separation for both mutual consent and contested divorce options? What could be the admissible fault grounds for contested divorce? I cannot prove cruelty, adultery or desertion except the fact that my brother has recorded his phone calls wherein he talked to him in abusive laguage. Can that be used as an evidence? it is not proving any direct cruelty to me. He was very angry as I left the house in his absence and went away while he away to work. In anger, he talked so many bad things about me and my family. But that was a reactive behavior. please please give me a comprehensive advice.
1 Answer from Attorneys
(1) You do not have to be fearful of your child's custody. Normally, the custody of a child below five stays with mother; and once the mother has custody, it normally continues unless she is found guilty of any lapse making her "unqualified" for custody.
(2) On an income of 30K you may expected about 10 to 15 for you and the child;
(3) You may not be blamed for neglecting kid's studies since you had to leave the matrimonial home for some valid reasons - suffering cruelty, domestic violence etc.
(4) Once you are given custody by court, the father cannot decide about place of study;
(5) The child may need emotional security more than the metropolis environment of father; the court may weigh all factors and decide in the best interest of the child. If you are bringing up the child within your modest means with all sincere efforts at your parents' place, that may go in your favour and not against you for deciding custody.
(6) You may need to dig deeper inside yourself and find out the reasons for your disgust and dislike of your husband; those reasons may ultimately constitute "cruelty" or "domestivc violence". It is the solemn duty of a husband to make all reasonable efforts to keep his wife happy and satisfied by all possible means. His failure to perform his duties as a husband may constitute "domestic violence". Yes, speaking with your relative in an abusive language amounts to violence and goes against him. A comprehensive advice is possible only when narrate all the events in detail. you are free to provide further details by e-mail.
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