Legal Question in Family Law in India
I have filed divorce, maintenance & child custody petitions in family court in 2008. after few sessions of counseling both of us agreed for trial period. Consent terms were drawn for trail period . but a week before the trial period was to begin, my husband declined to reconcile. i later understood it was a all game plan. during counseling sessions he was paying maintenance regularly and I also agreed access of child out of court in my presence as a reconciliation effort. but now he is not consistent and regular in paying maintenance/ child visitation . no interim maintenance order has been passed since last 4 years. I filed an application to proceed with interim maintenance he has replied showing his credit card statement showing the expenses incurred during the child visitation such movie tickets, lunch expenses and gifts and clothes purchased for child and myself as maintenance amount spent. he spent this voluntarily out of his own will. We never asked for it. can this be considered as part of monthly maintenance?
Also he is in good position in MNC drawing take home monthly salary above 2-3 lakhs and my salary is less than 20 k . At present, he is giving 15 k average per month for the child support. how much am I eligible for interim maintenance for me and the child.?
Now he wants child access without my presence and wants to pay only Rs. 7500/-towards child support alone and he says i can maintain myself.
Please advice
1 Answer from Attorneys
you should engage a good expert sr lawyer and fight the case.