LawRato

Who will have the custody of child and property after divorce


19-Jul-2023 (In Divorce Law)
Husband and wife Both planning for divorce they have 1child n 1own house. Who will get property n who will get child. What if she is working. As husband is harreaaing to much ... he beats also. This was a love cum arrange marriage. Where the female have invested some money in flat (apt) also while buying the apartment. Bt the apartment is solely in husband name. As she was not haveing documents of her ... at the time of buying the apartment. Even she had handed over some cash and jewellery also at the time of marriage. What about alimony ..How to get all that please advice.
Answers (3)

Answer #1
766 votes
Hi
Custody of child normally goes with the mother.
The welfare of the child is considered over the rights of parents.
It is not that easy to evict woman from the house as she has residential rights under various laws.
Answer #2
790 votes
Dear client if u both r ready for mutual divorce then u both can decide about custody and property also. Otherwise wife can file case for permanent custody in court. As well as she can also claim share in property and alimony. For any legal help call me

Adv prasad patil

Pune
Answer #3
767 votes
As a question of child custody, child may remain to with mother till the physical maturity (as 10 - 12 yr kid can feed himself)

Later on child will be asked by court about his wish withwhom he like to live. (Till then child must be with mother)

And as matter of property husband can not demand right in wifes property at divorce proceedings, But wife can demand half share in husband property.

If such apt./flat bought by both the parties then on divorce wife can claim 75% share right on such property.

Feel free to visit / contact, if u r located in / nearby Pune.

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?

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."