If wife will give divorce to husband, they have three children and all of them all willing to stay with their mother, then what will be the criteria of finacial help that should given by father? How much time will require in the divorce procedure and ti

Palak Rai Palak Rai

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Divorce

Posted on 11-Sep-18

Advocate Binita

Answered on 17-Sep-18

hi Palak, financial burden on father depends on his financial status and earning capability. If you are also working than Court may decide 50-50 share of maintenance for the childern. and if you are not but educated, than court will estimate you earning capability of being educated and than may decide the financial assistance from the husband. For further discussion you may contact me on 9958454480

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Advocate Binita

Answered on 17-Sep-18

Hi Palak.in present case as state by you, the financial burden on husband to maintain child is purely depends on his financial assistance and earning capability. Our legal system do take care of men rights and seeing the circumstances decides the matter. Here Court will also see the financial and earning capability of wife who is working. Wife who is educated but not working, will also affect the decision of the court in calculating the maintenance % towards children. Further on full details of the case only, the maintenance could be determined. Hope this suffice the need. For further discussion you can visit on my profile and write to me on binitagaur@gmail.com for further assistance

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Advocate Ashish

Answered on 21-Sep-18

First of all I am sorry for a late reply, was held up in work. In your scenario as written above big financial help or as we say maintenance is granted by the Court if children stay with mother. Time for divorce depends upon case to case. If your husband will file several frivolous applications then it might take more time else going by the procedure, it will complete within an year's time. Regards Ashish Dhingra Advocate

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