Maintenance, child custody and divorce petitions
2 years ago
Sir,
My wife left marital house 1.5 years back and took my son along to her maternal home. We both were working and earning quite well especially my wife who is earning 2.5 times what I was earning the last time I hold my job. I left my job 3 years back to support my wife and parents in taking care of my infant as we both had a hectic lifestyle so I took a step back and started taking care of my son. However, due to disagreements and my wife's bi polar nature, our bickering turned into major fight in 2020 during covid. Now she is not ready to come back even after multiple requests and has also stopped any communication with me due to which I am planning to file divorce case against her along with my maintenance and child custody on the ground of her mental health. I have few queries-
1) Do we need to file separate petitions for maintenance, child custody and divorce?
2) If yes to above point 1, will each petition be treated as separate case and separate visitation charges from the lawyer?
3) What are the chances of me getting maintenance from my wife even if I file separate petition for it? Can it put pressure on her to come to table for mediation?
4) What are the chances of me getting child custody on ground of her mental health issue(bi polar nature)? What's the average time for the resolution of child custody case?
Regards
Rakesh
My answers are as follows:
1) Do we need to file separate petitions for maintenance, child custody and divorce?
Ans: You have to file only one case and enter into compromise in respect of maintenance and child custody and consequently claim for divorce if she agrees it is called mutual divorce. Otherwise you have to file two cases one for divorce on the ground of medical grounds and cruelty and another case for permanent child custody.
2) If yes to above point 1, will each petition be treated as separate case and separate visitation charges from the lawyer?
Ans: Just consult any advocate who is practicing on family issues instead of understanding yourself and filing such cases by yourself. The fee may range between Rs.40k to 80k for each case and Rs.1k to 2k on each Court hearing date, depending upon the profile of the Advocate.
3) What are the chances of me getting maintenance from my wife even if I file separate petition for it? Can it put pressure on her to come to table for mediation?
Ans: In rarest of the rare cases you will get the maintenance if your wife is earning hand fully.
4) What are the chances of me getting child custody on ground of her mental health issue(bi polar nature)? What's the average time for the resolution of child custody case?
Ans: You may get child custody if you prove that wife is medically unfit to rear the child.
As per the facts mentioned, you have to file for a mutual divorce.
1. Divorce and maintenance can be filed together there is no legal bar instead filing of maintenance case will help you in getting divorce so file maintenance petition under section 24, a “deserving man” who does not have an independent income sufficient for his living and support and does not have the necessary expenses for the proceeding can claim Maintenance from his wife if his wife can afford to do so. Section 25 allows permanent alimony and Maintenance to the husband.
2. No
3. Since your wife earns more than you, thus you’re eligible to claim for maintenance.
4. If you can prove in the court that you’re more suitable for the upbringing of your child and about your wife’s medical condition.
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