Legal Question in Family Law in India
Child Custody during JudicialSeperation
I am married for last 10 years and have a daughter ( 8 Yrs) & son ( 4 Yrs). Due to my husband's unbearble attitude and behavior I wosh to apply for judicial seperation.
When I got married in 1997, I was earning Rs 28000/- per month but due to the frequent moves of my husband and to raise my family I ahd to forego my carrier.
As on date my husband earns about Rs 2400000/- per annum.
I wish to know
a) Will I be granted custody of my children?
b) Can I move with children to settle at a different city.
c) How much financial help I would be entitled to.
8 Answers from Attorneys
Re: Child Custody during JudicialSeperation
generally custody is granted to the mother maintainence gratned to you and your children will depend upon the income of your husband which you can substantiate
Re: Child Custody during JudicialSeperation
You may get upto one third of the total income of your husband towards maintenance for you and your children.
Re: Child Custody during JudicialSeperation
you will get ample amount of it if u can prove that he earns this much.
u can have custody of children if u can show that their interest lie with u.
if desire consult me with documents. Consultation charges will apply.
Re: Child Custody during JudicialSeperation
it is advised that youapply for divorce instead of judicial seperation after all the result of judicial seperation would ultimately be divorce.Yes,you can claim the custody of children andcan alsoclaim for alimony.Your alimony shall be calculated on the basis of your husband's earnings from all sources.In case of any other assistance contact with details.professional charges shall be applicable.
Re: Child Custody during JudicialSeperation
If you are not having the cusdoty of then children than you may go to the court for the cusdoty of the children afterall you are mother and natural guardian . Corrt will see the welfare of the chilren while granting cusdoty.
With the permission of the court order you may mvoe to another city.
The wife and minor children have right to claim life support/maintenance. Wife is entitled to lead her life according to status of her husband
Re: Child Custody during JudicialSeperation
you have a fair chance. the quantum depends upon every case! it is not fixed!
contact a lawyer and get it done!
Re: Child Custody during JudicialSeperation
Yes, you can apply for judicial seperation, custody of children and maintenance for yourself and the children.
You should neaturally get custody of the children.
The maintenance for yourself and the children will be approximately one-half of the income of your husband which you can substantiate.
Re: Child Custody during JudicialSeperation
yes you can apply for the judicial sepratdion and you can get an financial help of your approx 1 and half of his income which you can substantiate
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