Divorce Awaiting But Need Child Custody | Vkeel - Free Legal Advice

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Ahmedabad

My wife has filed wrong case that she is financially weak, don't have money to fulfill needs of her daughter and asking me for alimony. Instead she is rich enough lives in bungalow, her parents owns a car, etc. In 14 years of marital time she has hardly spent 2 years with me. In between so many times she harassed and gone to her mother's house. Now I need my daughter's custody she will not come to me. But can I file custody on point of what she has filed? Like if she isn't capable of daughter and she is financially weak that she has filed wrong things to take alimony. So can I use it same thing back on her? Will court see this thing that she isn't capable financially how come she will fulfill her needs? Can I get custody Or atleast physical or legal custody?

Expert's Answers(12)

Advocate Rushi Bhavsar
Ahmedabad, Gujarat

yes u can file fresh suit for custody after divorce or maintenance matter

April 10, 2017
Advocate Rushi Bhavsar
Ahmedabad, Gujarat

yes you can a file a suit for custody at anytime and subject to merits and facts of your case you may get the decree in your favour too and visitation rights you will get for sure easily contact to Rushi Bhavsar B/201-204,Atma House,opp."La- Gajjar Chambers",Ashram Road, Ahmedabad.

April 10, 2017
Advocate Hitesh Mishra
Jaipur, Rajasthan

5 Client Ratings

no you can't get custody.because of girl children

April 9, 2017
Advocate R Mayakrishnan
Kochi, Kerala

Probably you belong to Gujarat, isn't it. Which District. Where is the divorce petition pending. To be frank with you, there is only one ground under which you can get the custody of your daughter ie continuous immoral characters of your wife. If she is really of that character only I would advise you to urge that ground. Otherwise I strongly condemn that way. Any way you can file a petition for custody of your daughter. Surely you will get visitation rights and also custody of some days in a week or during vacation. In all probability you will not get permanent custody of the child unless for the sole reason mentioned above. You will have to pay maintenance to your wife if she is not capable of maintaining herself. Alimony is different. That is a settled compensation. That claim you can contest. If your facts are true, you may get a favourable verdict. But you will have to pay maintenance to your daughter compulsory.

April 9, 2017
Advocate Satish Kumar
Chennai, Tamil Nadu

you can only claim visitation rights. for child custody your wife is unfit to brought up the child

April 9, 2017
Advocate R Mayakrishnan
Kochi, Kerala

What is the age of your daughter. What are you. Is your mom alive. What is your monthly income. Is your mom living with you. Who all are living with you. Do you have your own home. Is the child studying. How far is she now from you. Does the daughter love you or like you. Give answers to the questions.

April 9, 2017
Advocate Vivek Malhotra
Delhi, Delhi

file it as early as possible. It will help u in other cases also to pressurize the opposite party.

April 9, 2017
Advocate Vivek Malhotra
Delhi, Delhi

yes you can file custody case in the court and its upto the court to grant the custody to father or mother but you will get the meetings rights with the daughter from the date of filing

April 9, 2017