Legal Question in Family Law in India
My wife along with the son is staying away from me and my home for last 2 yrs at her mother's for some flimsy reasons.
I've filed a paetition for getting a custody of my 4.5 yrs old son with one courtroom in family court and paralley she has also filed a separate petition demanding for maintenance for child and shelter for her in other court room.
Combined hearing of both these petittions is scheduled to be on 18 Sep 2010 at Family court,Bandra,Mumbai.
I'm ready to make all the expenses of my son if I get complete custody of him.In fact its my duty.Also my wife is staying away from her matrimonial home at her own whims and fancies.
Myself and my perents have never ever told her to get lost from home and in fact no.of times urged her to return back to home.
In such a scenario what will be a court's decision?
Rgds
Nikhil
2 Answers from Attorneys
in case you can prove that she is living away from you without sufficient cause, she may not be entitled for any maintenance from you. you are liable to maintain your son.
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