Legal Question in Family Law in India
Custody of Minor Daughters
Some Facts
My Salary: 35,000
Wife: 20,000
1) 2 Daughters aged 5 and 3 years.
2) I filed Divorce, custody.
3) Interim Order for excluxive visitation rights granted every Sunday for 1.5 hours with modify clause.
4) Voluntarily agreed to pay Rs 10,000 per month for children and more for other emergencies.
5) paid Rs 10,000 every month for 8 months + Rs 50,000 for school admission.
6) Mother violated visitation orders every sunday.
7) Younger daughter diagnosed with severe dental problems because of negligence of mother. Evidence produced in court.
8) Mother works 6 days/week. no time for the children. cannot even pay school fees.
8A) My mother in law married the SON of her husbands brother after the death of her husband. My wife's step-father is actually her own cousin brother. My daughters stay with my mother in law the whole day.
9) I work US hours and am fully free during the day to look after my children.
10) Have rented house right next to wifes house with good facilities for children.
11) I want children to stay with me during the day instead of my Mother in law.
Have stopped the monthly payments and applied for modification of interim order.
I want complete access to my children.
Please advice.
5 Answers from Attorneys
Re: Custody of Minor Daughters
Keeping the welfare of the children as paramount interest applying for the modification of the order is justified. Do not stop the payments you will be violating the Court order which will aslo effect thyour case in future.
Re: Custody of Minor Daughters
your case prima facie seems to be strong. Don't stop payment until court's order.
Re: Custody of Minor Daughters
You have a very strong case for at least 'day care' of the kids. You have rightly applied for modification order. However, you should not stop the monthly payments, that may constitute contempt of court and the court may take an adverse view.
Pursue your application for modification and continue the already ordered payment.
Re: Custody of Minor Daughters
You have a very strong case for at least 'day care' of the kids. You have rightly applied for modification order. However, you should not stop the monthly payments, that may constitute contempt of court and the court may take an adverse view.
Pursue your application for modification and continue the already ordered payment.
Re: Custody of Minor Daughters
I think you may apply to the court for such order but you should not stop payment.
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