Legal Question in Family Law in India

Custody of Minor Daughters - Part 4

Please note that I have already spent a good amount of time and money in the courts. Like everyone, I work very hard to earn. Almost all of you Honorable advocates have advised the same thing - Dont stop the payments. I dont want to continue with the courts for the next 1, 2, 3 years. My children will be destroyed by then and will learn a lot of wrong things that my wife and her family are used to. Till she is getting money from me, she is very comfortable. That is why I thought that if I cut off the money, she will have to come to me. She has no other option. When she comes, I will lay down my conditions and if she agrees, we will have an agreement between us and present it in the court so that it is on record and she is obligated to follow the terms. Yes, I understand that by cutting off the payment, my case will become weaker. Like i mentioned, I have stated frequently in court that I am more than willing to pay for my children. I have to. It is my responsibility - completely. But from the events of the past 1.5 years, I am not sure anymore. I can earn well if I work hard. I need peace of mind to work. The children have only my earnings for future. No savings and no property. Pl. Advice. Again, thank you so much.


Asked on 4/12/09, 10:34 am

2 Answers from Attorneys

Rajneesh Malhotra Malhotra Advocates

Re: Custody of Minor Daughters - Part 4

Please Note:-

1. You cannot stop her payment, unless you want to be behind bars.

2. Remember, she is your legally wedded wife.

3. No woman is comfortable living alone, unless her husband is a person who does not let her live in peace.

4. Ther are not only your children, she has an EQUAL right over them. Recoganize her right.

5. If you so not want to waste your money in courts, please compromise with her and life happily as a family.

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Answered on 4/12/09, 10:47 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Custody of Minor Daughters - Part 4

You need to be free from your "ego" first. It is not the correct way to think that you may impose conditions on her at the time of payment. The conditions are to be imposed by the court and not by you.

If you need real piece of mind, try to settle the matter out of court amicably. You may consider seeking forgiveness from your wife for your past behaviour. A counselling may also perhaps help.

Eeven though you may be making payments for their living, you do not have the right to "control" them.

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Answered on 4/14/09, 9:44 pm


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