Legal Question in Family Law in India

10 yrs. old child custody and maintainence

i got married to a christian girl 11 yrs. back by arya samaj padhati in 1997,march 5.we have a son of 10 yrs. and my father took my concent forcibly and re converted my wife as a christian.for last 4 months my wife and me are living seprately because my father in -law wants me also to convert into christianity.i am not agree so my wife took my son and went to her father.now she is claiming for maintainence and i want my son who is 10 yrs. old. my first question is can my wife ask for maintainence when she is also earning rs.3000/ month.my second question is who will get physical custody of my 10 yrs. old son when my wife is only 12th pass and i am a B.Sc.,wife earns 3000/month and i am earning 20'000/month and also wife has no property and i have some property.also in march 4th 2008 my wife took the case of divorce back and lived with me untill 25 march 2008 and agair complained in the police of section 498 A and 323.iwant my child as my wife is less educated,earns less and is of unstable mind.


Asked on 6/11/08, 9:06 am

4 Answers from Attorneys

Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: 10 yrs. old child custody and maintainence

Replied before. Duplicate question.

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Answered on 6/12/08, 1:19 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: 10 yrs. old child custody and maintainence

On above facts you can apply to the court for custody of the child.

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Answered on 6/12/08, 8:11 am
G. M. Gupta gmguptaandassociates

Re: 10 yrs. old child custody and maintainence

u can take the custody if ur story is believed

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Answered on 6/11/08, 9:47 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: 10 yrs. old child custody and maintainence

On the basis of facts you may apply for the custody of the child.

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Answered on 6/12/08, 2:13 pm


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