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Divorce/settlement - how to move forward


28-Nov-2023 (In Divorce Law)
Have been married for 10 years now and have a 5 years old daughter. My marriage was always a struggle and now, it has been to a point that I can't sustain any longer but don't want to loose child as well. I have a property bought after marriage as well as couple from paternal side. I am working whereas my wife decided to take care of my daughter and stopped working.What's the way forward for me? If I divorce, do I loose my child and finances? Can my wife stake claim in my paternal properties?
Answers (3)

Answer #1
787 votes
Dear Sir Your wife cannot claim any share in your parental properties. She may file DV, 498A, Maintenance etc. Better you file child custody case for permanent custody of child. But there are little chances to get permanent custody except Visitation Rights.
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Advocate Kishan Dutt Kalaskar

Adv. Kishan Dutt Kalaskar

LawRato Bangalore / Bengaluru | 1000+ Answers
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Answer #2
906 votes
The part of the property which comes to you as being a legal heir can be claimed by your wife and custody of the child will be with her. You can have visitation rights. You can contact me for detailed consultation.
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Advocate Abdul Zahir Shah

Adv. Abdul Zahir Shah

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Answer #3
536 votes
Firstly we would recommend mediation. Try resolving the issues. If it fails, then you can talk to your wife(if you are on talking terms) and if both agree on alimony or maintenance, custody of child, visitation rights etc. file a mutual divorce. If not, then you have contest the divorce. Usually 1/3 or 1/4th is the share which can be demanded. It also varies from case to case. You can get back to us to proceed with the case.
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Advocate Kumaraswamy BN

Adv. Kumaraswamy BN

LawRatoBangalore / Bengaluru | 50+ Answers
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