Legal Question in Family Law in India

Re: Maintenance

You are not entitled to custody of your daughter at this stage.

She is entitled to maintenance for herself and the child.

The amount of maintenance will depend upon your social and financial standing; and more particularly the 'standard of living'.

She is entitled to independent living with a reasonably good standard of living - the minimum standard being the same as was being enjoyed by her prior to separation;

If she is offering reconciliation, it is better for you to bring her back.

You may land into trouble if she decides to invoke the provisions of 498-A IPC and/or DVA.

Re: Maintenance

what you have done to your wife and daughter is absolutely wrong on legal as well as moral grounds. none of the courts would grant u divorce as you dont have a ground for the same. you are liable to pay maintenance to your wife as well as daughter and denying them this right may further land you in trouble. it is advisable either to patch up the matter or start paying them the maintenance that they deserve.

Re: Maintenance

Your Details are insufficient. Is she working somewhere? Was she dependant on you or doing some business etc i.e. having a source of income. As your wife and daughter both have right to maintenance.About custody your daughter is only 5 months so you can get visitation rights and not custody. You can consult me with details personally if possible. (Consulting chgs Rs100/- per hour)

Re: Maintenance

your wife can claim maintenance from you as she was married to you, but she can claim maximum half of your income, if she does not have any source of income.

you can claim custody of your daughter, but court will not give you the custody of your child till she attain the age of 7 years as per law for girl child. now you only can get visitation rights to see your child.