We’ve been married for seven years, both doctors. However, we’ve been living separately for three years due to irreconcilable differences. We tried counseling for six months, but it didn’t work, and I moved into a rented flat with our daughter. My husband isn’t contributing towards my daughter’s expenses or the monthly rent of Rs. 20,000, which increases by 10% every year. Now, he wants a divorce and full custody of our daughter. Can he demand custody before or after the divorce, considering our daughter has been living with me for five years? Is it mandatory for me to sign the divorce papers if he only offers Rs. 15,000 per month in child support?

Apni Law
Apni Law
Law Forum › Category: Child Custody › We’ve been married for seven years, both doctors. However, we’ve been living separately for three years due to irreconcilable differences. We tried counseling for six months, but it didn’t work, and I moved into a rented flat with our daughter. My husband isn’t contributing towards my daughter’s expenses or the monthly rent of Rs. 20,000, which increases by 10% every year. Now, he wants a divorce and full custody of our daughter. Can he demand custody before or after the divorce, considering our daughter has been living with me for five years? Is it mandatory for me to sign the divorce papers if he only offers Rs. 15,000 per month in child support?
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Apni Law Staff asked 5 months ago

We’ve been married for seven years, both doctors. However, we’ve been living separately for three years due to irreconcilable differences. We tried counseling for six months, but it didn’t work, and I moved into a rented flat with our daughter. My husband isn’t contributing towards my daughter’s expenses or the monthly rent of Rs. 20,000, which increases by 10% every year. Now, he wants a divorce and full custody of our daughter. Can he demand custody before or after the divorce, considering our daughter has been living with me for five years? Is it mandatory for me to sign the divorce papers if he only offers Rs. 15,000 per month in child support?

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Apni Law Staff answered 5 months ago

Under Indian law, your husband can file for divorce and custody before or after the divorce. However, considering your daughter has been living with you for five years, a court will likely grant you custody unless there are compelling reasons to believe it’s not in her best interest. You are not legally obligated to sign divorce papers if you find the child support offered insufficient. You can negotiate a higher amount or seek legal advice on your rights and options.

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