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Separated from husband since 8 months, how to secure daughter future
29-Mar-2023 (In Divorce Law)
On account of domestic Violence at my in-laws place i am separated from my husband for past 8 months (my 2 yr daughter stays with me in delhi), now i need to get her admitted to school and need to understand how i can remove the dependency on my husband for her admission to school or going out of India as i have not yet filed for the divorce. In case i decide to exdend the separation time then what was agreed with the women cell in Pune then what is the impact (We had agreed for 1 yr separation). Is there a difference if i file for a divorce or if my husband files for it ? My husband had taken power of attorney from me for a property on my and my mother in laws name now if he sells it would it be considered in court of law for alimony as he can easily transfer all property on his name in name of others in his family then how and what basis alimony would be decided. Does my daughter have any rights on his fathers property or her grand fathers property ? As i have seen cases in past wh
Whether you file or he files for divorce there is no difference if you have decided to get divorce. Better would be to file divorce jointly I. E. MCD it will save time and inconvenience also. Regarding daughter future,alimony and property which you have referred you can settle the same and deed of settlement could be made part of decree for divorce. You may contact me for any clarification and or legal help if you so desire through this website. Iam in Delhi High Court.
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Adv. S P Srivastava
Delhi | 200+ Answers
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If the Women Cell agreement mentions a period of your separation and also provides for custody of the child with you, that agreement can be made use of for admission purposes. However moving the child out of India will need special permission of Court or can be done in agreement of the father. As far as divorce is concerned, it is always advisable to move the petition first so you give the ligitation a direction that will be favourable to you and your child. Considering that your child is young, it is his responsibility to maintain the child and ensure that her major expenses are taken care of. Once you file a divorce petition, it will be difficult for the husband to sell any property without a permission from Court. In order to answer the question of share of your daughter in grandfather's property, we will have to know if he is alive or dead.
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Adv. Bhoomika Choudhury
Delhi | 25+ Answers
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You should file a case for custody of child and seek money for maintainance of Child.As far as power of attorney for sale of property you have not mentioned Whether it's registered??.Power of attorney does not create any right of ownership of the property and can be cancelled or fresh attorney can be created.You daughter will have all the rights on anstral property of her father.Almonie is a issue based on facts.
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Adv. Amit Gaurav
Delhi | 200+ Answers
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