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Family Issues : Child custody, Divorce and property dispute - HINDU
09-Jun-2023 (In Divorce Law)
1) The mother has been living separately for 8 months at her parent's house with her daughter. The mother does not want to have custody of her daughter due to the daughter's financial stress and high maintenance. A case for Divorce/DV is yet to be filed. Is this legally possible? The grandmother is wealthy enough to take care of her grandchild. Father is intoxicated at all times and has extra-marital affairs.
2) The boy is evicted from the family property as mentioned by the family. Do the wife of the boy and the grandchild, have any legal right on the property?
If the mother gives up her right of custody before the court and the court is apprised with the fact that the welfare of the child would be best with the grandmother then the court may grant the custody. Also the age of the child needs to be disclosed for a better advice. Also if the property is ancestral the girl child has her share in her paternal ancestral property. Also if the grandmother wants can gift her property to the child. Needs to know the complete status of the child and the property of her grandmother. Please feel free to contact
Thanks
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Adv. Bhawana Pandey
Delhi | 1000+ Answers
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the wife and grandchild have a right to residence in the property. in such cases the husband's side usually states that he has been disowned, etc. However, it is for you to show whether or not it is the truth. you may consider filing for domestic Violence and pray for residence order, protection order, maintenance, compensation, etc.
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Adv. Kawaljit Singh Bhatia
Delhi | 25+ Answers
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as per the provisions pertaining to the right of the child it is the duty of the father to maintain the child and also provide for financial support to the wife . in the present case a petition can b filed under the provisions of Hindu Marriage Act
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Adv. Shobhit Shukla
Delhi | 25+ Answers
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