Legal Question in Family Law in India
if the wife is separated from her husband along with the child, the husband doesn't have a job who used to earn nearly 30k earlier and is just 12th pass, can the wife get interim maintenance? if yes, how? Is the child's custody after 5 yrs of age becomes the right of the father? It's a female child in question below 5 yrs. the wife has started earning independently by working of her own doing computer data entry work.
1 Answer from Attorneys
You may need to try your fate by filing appropriate petition in the court. In custody issues, the rights of the parties are not that important; the court will primarily see the welfare of the child. You are right that father has a prior right under Section 6 of the Hindu Minorities & Guardianship Act. But the court will determine the welfare of the child after examining over all situation.
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