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-   -   Seeking custody of my son (https://www.askmehelpdesk.com/showthread.php?t=394888)

  • Sep 9, 2009, 12:26 PM
    caanilanand
    Seeking custody of my son
    I have got divorce from my wife 6 months ago. Before my divorce my wife and her parents have looted my badly. She had filed the suit u/s 498A as well as u/s 125 c.r.p.c.
    I had also filed a suit for custody of my child.

    I got divorce from her on the condition that I will not claim the custody of my child any time in the future. She took back all the cases when I agreed on her condition and paid permanent ailmoney to her.

    At that time my advocate suggested me first of all I should come out of all these harassments then file a suit for custody of my son who has completed 7 years of age. I think I have committed a big mistake to follow the advice of the advocate.

    Now my question is

    1 can I demand custody/ visiting rights of my child even now when I had committed not to file the suit for custody.
    2 whether my wife can claim maintanence from me for my child when I have already paid her permanent ailmoney.
    :confused::mad::confused::mad::confused::mad:
  • Sep 9, 2009, 12:37 PM
    justcurious55

    Where are you? I've never heard the term "maintenance" used in divorce or custody discussions.
  • Sep 9, 2009, 12:39 PM
    Fr_Chuck

    All this will depend greatly on where you live, India? Japan ? Canada ? US ? All have different laws and provisions.

    Normally first at least in the US, you can ask for the child custody agreement to be modified if there is a major change in conditions, or after a specific amount of time
    Alimony is not child support, and that has to be paid also, in GA ( USA) it will be about 17 percent of your gross pay and is paid till the child is 18.

    If this was in the US it sounds like you agreed to some things that are not normally done. I will assume you had no lawyer, I would say time or past time to get one

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