Legal Question in Family Law in India

Child custody
1. My wife fighting for custody of my son. At the same time she is demanding money for maintainance of child.

* I say that either you keep clild do not demand any maintainance for him or handover the child to me for his maintainance bacause I am a erning member and she say that I do not have any source of Income.

**She is all doing these things for want of money only.

Asked on 11/02/07, 4:54 am

2 Answers from Attorneys

Sudershan Goel India Law Offices of Sudershan Goel - Advocate

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Re: Child custody

Your approach is wholly incorrect. Custody of the child and payment of maintenance amount are not inter-linked.

She may be entitled to custody and also payment of maintenance from you.

On the contrary, it may also happen that she may not be entitled to custody and you may not be liable to payment of compensation.

The two situations - entitlement to custody and payment for maintenance - are independent of each other; though for "entitlement" of custody, earning capacity of the parent may also be one of the many considerations.

The para meters for decidingthe two situations are totally different; however, one thing is common - the paramount consideration has to be the welfare of the child.

You should not link with your capacity to make "payment of compensation" with her entitlement for custody.

For more appropriate and clear opinion, please write more details about income level and education level of both of you as also age and education of the child. No charges.

Answered on 11/03/07, 3:59 am

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