Legal Question in Family Law in India
I have filed divoreced case agaised my wife cause "cruelty" as she asaulted to me at honeymoon I got shoulder dislocation ( i filed police complaint of this also) than she ran away frm house also ( i have police complaint of this also ) a fraud and inflated dowry list to engaged me in sec 406 but I return all her items in CAW cell.and after two months I moved to a rental accomadation
now at end b'cause of her cruelty i became epileptic and unemployed. I filed a divorce case in Tis hazari court and she filed case u/s 498-A were I got bail
At that time My wife was 5mth pregnant at that time and now she is having 6mth girl child.
Now she filed the case in domestic volence act and demanding for mentanance can I demand for mantainance and child custudy.
4 Answers from Attorneys
No it to early to demand custody, but you can get visiting right.
no, at this stage , you can not be granted custody, however you can seek maintance from your wife, if she has income
Rightly advised.
you are demanding custody of your child but at same time, you saying that you are epileptic. how will you take care of the child when you yourself may not be able to take care of yourself at some point of time that even you do not know. in this situation, you must not ask for custody rather visitation rights are sufficient. to take proper care of the child, the parent him or herself should be having sound physical and mental health. you are also unemployed. in such a situation, morally, you shouldn't even ask for the relief of custody. first try n get a job and then cure your illness then seek the custody. all the best and pls dont mind if my words were harsh to you.
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