child rights- maintenance - property rights

781 votes

discuss with his family members and consult a lawyer to proceed with Legal process. collect all proof for evidence to submit in court. so that it will be helpful for child custody. We can ask for child custody

Advocate Boggarapu Sudeendra Srinivas LawRato

816 votes

If you have been living separately since 2023, your husband has neglected both you and the child, and there are allegations of transmission of a communicable disease and a subsequent second marriage during the subsistence of your first marriage, you may consider initiating appropriate legal proceedings rather than remaining in uncertainty indefinitely. You may seek: 1. Divorce on legally sustainable grounds available under the applicable personal law, subject to proof. 2. Maintenance for yourself and your minor daughter from your husband. 3. Child custody and child support orders in the best interests of the child. 4. If there is credible evidence that your husband contracted a second marriage during the subsistence of the first marriage, appropriate legal remedies may also be available. Regarding property rights, your daughter remains a lawful child and her inheritance rights in her father’s property are not extinguished merely because the parents are living separately or obtain a divorce. She continues to have legal rights in accordance with the applicable succession laws. Before taking any final decision, collect and preserve all relevant documents, medical records, proof of separation, financial records, photographs, messages and any evidence relating to the alleged second marriage. Your legal strategy should be based on documentary evidence rather than assumptions.

Advocate Pavani Kumari LawRato

734 votes

hi if he is trying to avoid you then you could file petition for maintenance in court and also seek relief of filing petition for divorce on grounds of mental and physical cruelty and could claim permanent alimony for you and child

Advocate Baddam Aravind Reddy LawRato

500 votes

From the facts mentioned by you, there appear to be serious matrimonial issues between you and your husband. If he knowingly transmitted any disease and neglected you and your child, those facts are legally significant and can be raised before the Family Court. If he has contracted a second marriage during the subsistence of your first marriage, it may amount to the offence of bigamy, subject to proof. Your daughter has full legal rights to maintenance, education expenses, and a share in her father's ancestral/coparcenary property. Even in the event of divorce, the father cannot escape his legal responsibility towards the child. Maintenance can be claimed for yourself and your daughter under the relevant legal provisions. Before taking any final decision, kindly collect all available records — medical documents, photographs, chats, financial details, and any proof of the second marriage or neglect. A detailed consultation will be necessary to advise the proper legal remedy. Kindly meet an advocate experienced in Family Law in your local area for proper guidance. B Harish Kumar Goud Advocate

Advocate B. Harish Kumar Goud LawRato