Will my child get property if i file a divorce case against my husband

951 votes

Hello I gone through your post and I suggest you file DVC file against your husband and also file maintenance case,after that only you file divorce.mean while if any changes behaviour of your husband you and you husband will continue the relationship. Don't file divorce immediately.

Advocate Kondaparthi Srinivasa LawRato

582 votes

You and your child can get maintenance from your husband .There is a point you need to note that why you are staying at your mothers home? You are staying as per your wish or your husband left at your mothers residence. You approach near by lawyer for legal counselling.

Advocate Sanjeevi Krishna Rao LawRato

546 votes

Hi
Under the prevailing matrimonial laws, you and your minor child are eligible to claim
a)up to 40% of your husband's monthly income as monthly maintenance u/s 125 cr.p.c and
b) You and your child are eligible to claim a residence orders in case your husband has property in his name or is living in a rental property under Domestic violence act and
c) you are eligible to claim permanent alimony ( a part of husband's annual income) in the event of divorce and
d) your minor child is eligible to claim a share of property owned by your husband and in law's as and when the child desires.
You are advised to speak to a lawyer of your choice

Advocate Rajagopalan LawRato

506 votes

Madam,

I would suggest you to file a maintenance case first under Section 125 Cr.P.C against your husband in the family court of jurisdiction where you are presently living. Pray to the court for your's as well as your child's maintenance. The court will send a notice to your husband to appear and after his appearance, counselling sessions will be conducted by the court and chances are there that your husband may take you and your child back and maintain you both. However, if he is not willing to take you and your child back and wants to contest the case, the court will pass orders of maintenance after hearing both the parties. On many occasions, it has happened that husbands usually take back their wives in order to avoid paying hefty maintenance. In your case, wait for few months after granting of maintenance by the court. If your husband takes you and your child back, fine, else file a divorce petition and claim permanent alimony. You will get alimony based on the income and standard of living of your husband. Apart from this, file a petition under Section 24 of Hindu Marriage Act and claim maintenance for yourself and your child. Hope this helps!

Advocate B. Srikiran LawRato