Legal Question in Family Law in India
AGainst my DVC court sanction me Rs.1000/- as maintenance. I again appeld . In this situation can i put Maintenance case to me and my 5 yrs old son. For education and food etc. But we are not having any proof of his income bcz he is havg small business. Intially once i put Maintenance case at that movement my husband joined me and told that he will lookafter me and my son and the same i told in the court. Hence the MC case was dismissed without any claim.
In this situation can i again put M.C case ? Now i am alone in my mother-in-law namd house where my husband is not comming my son is studying and staying with my mother. And also aginst my husband we bookd 498 A and now he came on bail the case trials are in running.
In this situation my husband can ask to send his son to him ? I go to my mother regular basis its 30 km. away from my place.
Pl. advise sir.
1 Answer from Attorneys
he can seek visitation rights to meet his son but as you are taking care of your son, he may not get the custody unless he makes out a strong case against you. you may file a mainntenance case against your husband for yourself and on behalf of your son u/s 125 crpc. husband has to file the case where the son is staying and visit the son at his residence or nearby. he cannot ask the court to direct the son to travel to him. read more on custody and maintenance laws on my website www.karvai.in.
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