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Dessertion by wife took kids too now claiming property what to do
11-Sep-2023 (In Family Law)
My wife had left home on Sept. 2016 along with my 2 kids(Daughter 7 years,Son 5 years) Questions: 1 If I transfer my home on my father's name before filing of case, can she claim right on my house? Presently having 16 lacs loan on property, i can repay that out of my savings and can take fresh personal loan of the balance, so that I can get release papers from bank so that I can transfer on my father's name. Presently my wife stays in an rented house as her parents don’t have their own home. 2 Can I get the custody of my children? She from last one year not allowing me to meet them, even she has blocked my number, whats app, facebook. 3 Can I get divorce on the base of cruelty? I am having one video recording in which her parents and relatives are abusing us with foul language and demanding money and clearly saying they wont send my wife back. 4 How much maintainance I have to give her(My Gross earnings are Rs.94,000 p.m. and wife's earnings are Rs.45,000 per month). How to calculate compensation amount?
Reply to question No 1. Your property under loan so you have defence that you are under the liability to repay the loan amount .... and also show that its your liability to maintain your parents reply to 2nd question . You can file a case of guardianship for your children court can decide it in your favour reply to 3rd question .. court rarely give divorce on the basis of one video or audio clip . Reply to 4th question is that it depends on the court there is no fixed amount but she is also earning hand so this factor goes in your favour
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Adv. Jagandeep Singh
Amritsar | 100+ Answers
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No need to transfer your house in the name of your father, because it is your self acquired property and she can not claim share during your life time.
You can file case for custody of your children, and during the pendency of said case you can meet your children with the permission of Court.
You can also file divorce petition on the ground of desertion and cruelty.
If you are residing in Distt. Patiala or Mohali then you can contact me. For details discussion you can call me.
You can file case for custody of your children, and during the pendency of said case you can meet your children with the permission of Court.
You can also file divorce petition on the ground of desertion and cruelty.
If you are residing in Distt. Patiala or Mohali then you can contact me. For details discussion you can call me.
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Adv. Sandeep Kumar Bawa
Rajpura | 100+ Answers
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Hello
You dnt worry.but your wife and children has maintenance right.you can also claim custody of children if you prove that welfare of children is with you.in custody case paramount consideration is welfare of kids.
You dnt worry.but your wife and children has maintenance right.you can also claim custody of children if you prove that welfare of children is with you.in custody case paramount consideration is welfare of kids.
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Adv. Deepak Sabharwal
Amritsar | 200+ Answers
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