How can I secure alimony and limit husband's visitation rights?
My husband and I have been living apart for the past six years. Now, we are trying to sort out the matter mutually. He claims to be unemployed and wants a divorce on the condition that he will pay me nothing but wants visitation rights for the child. Alternatively, he is willing to pay me 1-2 lakhs and wants custody of the child, which I do not agree with. How can I secure alimony and ensure a ruling where my husband has minimal visitation rights with the child?
In India, if you want to secure any kind of alimony, the wife has to file a petition asking for maintenance. This is under Section 125 of the Criminal Procedure Code or other laws that pertain to marriage. The court will consider all the important factors which are part of the marriage like the husband's income and the wife's needs. To limit visitation rights, the wife can approach the family court citing the child's welfare and safety. The court prioritizes the child's best interests while deciding custody and visitation arrangements.
In India, even if your husband claims unemployment, you are entitled to alimony and child custody and the court can order maintenance from the date of your application, considering your husband's income and your needs. For child custody, courts prioritize the child's welfare, often granting primary custody to the mother, especially if the child is young. Visitation rights can be limited or supervised if there is concern for the child's well-being. It is advised to consult an expert family lawyer to understand your rights and the best course of action. For further legal assistance contact us on our helpline number.
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