Being a Muslim man, my wife and I haven’t lived together since the beginning of our marriage. We have a three-year-old son. I want to get a divorce, but we both work in different cities, about 30 kilometers away from my home. She constantly disrespects my mother and demands money. Her family is threatening to file a dowry case against me. Am I obligated to pay her maintenance? Can I get custody of my son, and if so, how?

Apni Law
Apni Law
Law Forum › Category: Muslim Law › Being a Muslim man, my wife and I haven’t lived together since the beginning of our marriage. We have a three-year-old son. I want to get a divorce, but we both work in different cities, about 30 kilometers away from my home. She constantly disrespects my mother and demands money. Her family is threatening to file a dowry case against me. Am I obligated to pay her maintenance? Can I get custody of my son, and if so, how?
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Apni Law Staff asked 12 months ago

Being a Muslim man, my wife and I haven’t lived together since the beginning of our marriage. We have a three-year-old son. I want to get a divorce, but we both work in different cities, about 30 kilometers away from my home. She constantly disrespects my mother and demands money. Her family is threatening to file a dowry case against me. Am I obligated to pay her maintenance? Can I get custody of my son, and if so, how?

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Best Answer

Apni Law Staff answered 12 months ago

Under Indian law, you may be obligated to pay maintenance to your wife depending on her financial circumstances and the reasons for separation. Custody of your son will be decided based on the child’s welfare. You should consult a lawyer to understand your rights and obligations, as well as the process for filing for divorce and custody.

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