Divorce and children custody
5 years ago
I'm a Hindu married to a Muslim according to Islamic way since 2008. My husband wants divorce but I'm afraid that he will take child custody and won't pay maintenance.Even if I get custody of my kids he will pay meagre amount, since I am not working I won't be able to afford to live a decent life with both my school going kids.Can I claim reasonable maintenance and alimony?
ROBERT D ROZARIO
Responded 5 years ago
A.For maintenance of your child file a petition u/s 125 CrPC or under DV Act. As per the Muslim Law, although mother is not the natural guardian but she has a right to the custody of the child, till the child attains a specific age.
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Deepak Yashwantrao Bade
Responded 5 years ago
A.Yes you can claim for maintenance and also you can file domestic violence complaint against your husband and ask for maintenance.
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A.You will be able to get some amount if you file case under Sec. 125 Ct. P. C. or under D V Act. Your consent is not needed for divorce since You have become a muslim. Custody of kids also will be decided according to muslim Law. You should have thought about all these earlier.
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Rameshwar Dadhe
Responded 5 years ago
A.By advocate Rameshwor dadhe dear mam your husband mandatory to pay maintenance. But it will be dependent on his earning
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A.Yes you can claim reasonable maintenance and your husband will have to pay that. But you must know that reasonableness will depend on your earning capacity and his earning capacity. Also you will get maintenance separately for yourself and two kids. So, depending on your husband's income the court will decide the quantum. About the child custody it depends on many factors like age, earning capacity, bringing up of the child and habits of the parent. So again court will take into consideration all those elements and then decide on the child custody.
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