Legal Question in Family Law in India
I have been going through tortures from my inlaws since 14 years . I have tried my level best to keep the wedding. But for since May 2007, I am leaving at my parental house, he had only left me here that he is unable to take care of me . Then he had filed section 9 , i have asked maintenance under section 24. Then in 2010 he had with drawn in his case. Now he had filed for divorce and i have filed for domestic violence. Now he had filed for My son custody also to make me disturbed. In his reply of domestic violence he had said that i am getting salary of 15000 per month and i am not eligible for maintenance. He also mentioned my bank account number. Now my lawyer is saying that we will file again for maintenance under section 24. My Qiuestion is if we file for maintenance, then it would be difficult for us to prove that we are more eligible to keep a child. My son is of 12 yeras and wanted to stay with me and second I am more sound than my husband financially and education wise. Will he be able to get the custody of mu child please. I haver been taking care of him for last 7 years independently and my hasband has not given me single penny too. pls help me out.
3 Answers from Attorneys
Usually the Court grants custody of a minor child to the Mother. Your case is on a better footing as you are financially more sound than your husband. You may claim maintenance for your child.
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