LawRato

child custody and property in divorce suit.


13-May-2023 (In Divorce Law)
Hello , my sister has filed a divorce suit..Husband does not appear on dates.Now suppose she gets divorce ex parte .Right now her children (age 11 and 9 ) stay with her and she works andlive a good life. Husband has not claimed children yet.How to get custody legally of my children in this case ? Can i also claim property?
Answers (3)

Answer #1
590 votes
It may be the delaying tactics of the husband of your sister because the court usually doesn't grant ex parte divorce in case easily few dates , You have already said that the children are living with your sister so you have to satisfy the court that you are doing the best welfare of the children, The husband of your sister may get visitation rights to meet the children if you want to enquire further you can call me thank you
Helpful? LawRato LawRato
Answer #2
776 votes
If your husband has not claimed the custody of the children then you do not require to file it, you can live with your kids. Also you can claim maintenance for your kids from your husband. And yes you claim share in the property as well. Please feel free to contact. Thanks
Helpful? LawRato LawRato
Answer #3
502 votes
According Section 125 of Crpc, the husband is entitled to pay maintenance to wife during divorce. Further, you may get the right of children custody. Although, Divorce case has already filed and the decree has been obtained please share the divorce grounds for better consultancy.
Helpful? LawRato LawRato

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

Report abuse?

Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."