Legal Question in Family Law in India
I hv got married in 1999, Oct and hv two kids one of 10yrs and other of 6yrs. After 9 yrs of marriage my husband has suited a divorce case on the ground of cruelty in Jan, 2009, now I m residing in my parents house as my husband and my m-in-law made a cospiracy against me, after her retirement she told to my husband to get us out from his house because she wants in interferance and in may 2008 I had to vacant my matrimonial house and started to live at a rental house but suddenly my husband stopped to come at the rental house and started to live with his mother and filed a divorce case, so i had to move for my parents house as they didn't allow me and my children to live with them bez as per law my metrimonial house is my m-in-law property which she had bought with her on incom. so I hv been with my parents from last 1.5 yrs. an amount of 20,000 has been fixed by court for my children's under the case of mantenance, but my husbad didn't pay that amount so court has temporary dismiss his case till he will not pay the arear amount. So in may 2010 my husband has filed a case of child custody to escape form mantenance in tis hazari and another case to dercrease the amount of mantenance in high court. My all neighbours of my matrimonial house are with me they are ready to present physicaly in the court from my side. So there are three following questions which always disturb ne but i nev get a satisfactory ans from my lawyer, so I hope to get the ans from u
1Q. What can be happened now fro his side?
2Q. Can he get a custody of child as I working?
3Q Can matenance be decreased by the high court yet I am not taking a handsome salary and he is running a business?
4Q Can I go back to my ,matrimonial house?
5Q Can I get regular mantenance after suited a case of CRP 125?
I will be highly obliged if I get the above ans. as soon as possible.
Thanx & Regards
3 Answers from Attorneys
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Fahri TOĞA
1Q. What can be happened now fro his side?
in case he has gone to high court challenging the order of maintenance, there are less chances of his winning.
2Q. Can he get a custody of child as I working?
even he is working, so he cannot get the custody of children but he can get maintenance rights.
3Q Can matenance be decreased by the high court yet I am not taking a handsome salary and he is running a business?
the trial court must have fixed the maintenance considering all the facts, so chances are very less his getting any favourable order.
4Q Can I go back to my ,matrimonial house?\
yes you can.
5Q Can I get regular mantenance after suited a case of CRP 125?
yes you may start getting.
In a litigation pending in courts , the advice of counsel conducting the case should be obtained.
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