LawRato

Filed for legal separation but now husband is sick what to do


05-Feb-2023 (In Divorce Law)

My father has been an abusive cruel alchoholic for past 15 years. My mother took it as long as she could and left home with her kids at last. She took interstate transfer and moved . one year hence he begged for second chance and she took him in. Shortly thereafter he returned to his old self ws evn more aggressive. Agn we hd to run awy. He followd wherevr we tuk refuge and abused us. Ultimately the cops were involved and she filed for legal separation and we also got a restraining order.Now he is sick and his relatives are forcing us to move back with him or give up all rights on his property

Answers (2)

Answer #1
662 votes
It is not clear whether the legal separation entails a decree for divorce. Anyhow, it is a matter of personal choice for the wife, though legally separated, and the children to take care of the ailing person or otherwise. The rights to the property involves different consideration. If a person dies interstate, i.e. without making a WILL, the self acquired property devolves upon the Class I heirs viz. the mother, the wife and the children. However, during his lifetime, he can dispose or bequeath the property at his discretion. As regards to ancestral property, the children have a vested right. As such in the present scenario the choice is between affection (or lack of it) and securing the inheritance rights of the children. As such, legal elements are of secondary consideration.
Helpful? LawRato18+ LawRato
Advocate P Venu

Adv. P Venu

LawRato Vaikom | 5+ Answers
Chat with Advocate P Venu Chat 
Answer #2
666 votes
Never give up the right over the property by executing any deed. It is your Choice to move back if you wish so , because it is your father .In life we expect something but get different than our expectations. As a wife and children all of you have right to get the properties from your husband .
Helpful? LawRato15+ LawRato
Advocate Ajay NS

Adv. Ajay NS

LawRatoErnakulam | 5+ Answers
Chat with Advocate Ajay NS Chat 

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?

Connect with top Divorce lawyers for your specific legal issue
Connect with a Lawyer
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."

All Answers

Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

LawRato