Legal Question in Family Law in India
is the onus of proving the husband's income's volume or the source of income on the claimant in the case of demanding maintenance? What if he tries to hide his income by saying that he is unemployed or something like that? I am seperate from my husband for 2 months with a 4 yrs old girl child and staying with my parents. I am a post graduate but not earning. Am I entitled to the maintenance just like that or do I have to seek the court's intervention? is a case for divorce or judicial seperation decree etc required to be eligible to get maintenance? What if I can't provide a valid reason for staying deperate? I just don't want to stay with my husband. Is that sufficent? he wants me to join him. He has sent me letters. I have come away while my child's school was going on. Can I be accused of having deprived the child of her education? My husband is an academician and an experienced educationist. Can his professional background as a person form the field of education have a role to play in the custody of the child? please advise as early as possible.
1 Answer from Attorneys
(a) The custody issue will be decided considering "best interests" of the child. Normally, mother is allowed custody for a child below five; the custody of a girl child is mostly given to the mother, unless she is otherwise proved "disqualified" to be a mother because of some fault in her character / life pattern.
(b) You do not have the 'ONUS' to prove his income; the only thing you may need to prove is his tentative income by disclosing his employment and his "standard of living".
(c) No case of judicial separation or divorce is required for maintenance. You are entitled to seek maintenance for yourself and your child.
(d) Your unwillingness to live with your husband may not debar you to claim maintenance if you could have some plausible explanation.
You may peruse the relevant provisions of DVA for further guidance.
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