If I take divorce will my children have right on husbands property
13-Jul-2023 (In Divorce Law)
i am living seprately from last 5 years , maintaince case is going on , husband have not supported even with single penny ,, dnt want to marry again never , he has submitted his medical reports ( as he is suffering from TB mdr stage) want to know 1 if i take divorce from him , will my children have right on his property 2 if he claims that he is not working then what , his younger sister with her children is staying with him 3 my parents are supporting me , can he deny for maintenance of kids 4 if as alimony, can i ask to give one shop to my kids ( he is having 2 shops) need advic
Being a legally wedded wife you and your children can claim any maintainance from your husband. Your children has rights over the property of your husband whether its ancestral or self acquired. If they are minor they can claim the same through you
If want divorce you can claim with mutual consent.secondly children rights are not effected by divorce. Lastly you have right of maintenance.what is going on in your that case . please discuss with full details then only you could be advised properly.feel free to call in case of need.
Your children shall have Right of maintenance even if u get divorce.
Your right to alimony also servives and you may even claim the shop towards permanent alimony or provision for child's maintenance.
However, it would be advisable to resort to Provisions of Domestic Violence Act, if u have any apprehension that your husband would sell, transfer or gift the property so someone else to defeat the rights of yourself and your children.
Seperatelty suit may also lie to claim share in property and to restrain ur husband from selling the shop/property; depending upon detailed facts of ur case.
It would be advisable to contact an advocate to discuss the matter in detail.
Your right to alimony also servives and you may even claim the shop towards permanent alimony or provision for child's maintenance.
However, it would be advisable to resort to Provisions of Domestic Violence Act, if u have any apprehension that your husband would sell, transfer or gift the property so someone else to defeat the rights of yourself and your children.
Seperatelty suit may also lie to claim share in property and to restrain ur husband from selling the shop/property; depending upon detailed facts of ur case.
It would be advisable to contact an advocate to discuss the matter in detail.
Respected Madam,
This matter is between you and your husband . Whereas the matter of property ,as per hindu law children have legally right in property.Your children can claim maintenance from his biological father and and your children is eligible for a share in the property of the after the death of the father in respect of self acquired property of the father and he can also claim ownership after attaining majority in respect of joint family property.Law define that Children have certain rights over their father’s property including right in ancestral property by birth. Husband has duty to maintain of wife and children as he is working or not , is not your liability. Contact to lawyer.
This matter is between you and your husband . Whereas the matter of property ,as per hindu law children have legally right in property.Your children can claim maintenance from his biological father and and your children is eligible for a share in the property of the after the death of the father in respect of self acquired property of the father and he can also claim ownership after attaining majority in respect of joint family property.Law define that Children have certain rights over their father’s property including right in ancestral property by birth. Husband has duty to maintain of wife and children as he is working or not , is not your liability. Contact to lawyer.
Answer to first query is, that if property of your husband is self acquired property than only in two conditions your children may have share/ ownership in that property if your husband either dies intestate or named your children in will and further if he transfer his property to your children.
Answer to second query is ... your question is not clear.
Answer to third query is maintenance is right of women and children so you can claim maintenance in addition you can claim from separate accommodation u/s DV Act and for purpose of maintenance you may claim u/s 125 cr.p.c. also.
Answer to second query is ... your question is not clear.
Answer to third query is maintenance is right of women and children so you can claim maintenance in addition you can claim from separate accommodation u/s DV Act and for purpose of maintenance you may claim u/s 125 cr.p.c. also.
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.
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