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Matrimonial issue child custody- seeking legal remedy- kindly suggest


15-Mar-2023 (In Family Law)
Wife is giving continuous threat and used foul languages against me and my family members because of this i left my home with my son (age 10m) and staying with my parents who lives in other state. After 4 mnths she didn't made any attempt to contact us. We were living in my mother self acquired property of my mother, can my mother lock home and forced her to live in other place. Wife is working and there is no one in her family to support her but her father WILL she will get good amount of money in her father property which is in disputed as of now with her brother. Kindly suggest on child custody, will she eligible for maintaince, can my mother take above step. Will police force my mother to open lock for my wife, please suggest..
Answers (5)

Answer #1
574 votes
Hello, Yes, she is entitled to file several cases against you and as againt your family members. If the house is in the name of your mother and self acquired then she can file the eviction suit against your wife. Also you too have other options not to give her anything like if she files case to demand something from you then you too have options if you do not want to give her anything like movable or immovable things. If you want to discuss further you can have a conversation. Thank you.
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Advocate Pooja Marwah

Adv. Pooja Marwah

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Answer #2
535 votes
If you have been subjected to cruelty by your wife you can send a legal notice for divorce to set forth your case at first. Also if you can prove that she is abusive in nature , then custody of the child can be secured with you by the court. However this needs to discussed thoroughly. Also wife has right off residence in matrimonial house. For any further legal assistance please feel free to contact Thanks
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Advocate Bhawana Pandey

Adv. Bhawana Pandey

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Answer #3
737 votes
You should file a complaint against your wife. she can file maintainence case divorce case and custody case against you as till 5 year of age only mother is consider as the legal guardian of the child and after 5 years of age both has equal rights. yes your mom can file the eviction suit against your wife to leave her house
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Advocate Sakshi Sangal

Adv. Sakshi Sangal

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Answer #4
927 votes
If the property is the self-acquired by the mother then she’s at the liberty to do anything with the said property. No one can force her to do anything. The maintenance clause will arise if the wife goes to the court to claim the same and it will also depend upon the salary of the husband. For more legal assistance I am just a call away.
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Advocate Jitender Singh

Adv. Jitender Singh

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Answer #5
839 votes
Your matrimonial issue seems to be very serious. Will advise you to seek legal guidance from a lawyer and take precautionary measure by filing intallah peshbandi application with police authorities. For child custody it can be decided by the court under the guardians and wards act. In case your wife seeks maintenance she will not be entitled to since she is earning well.
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Advocate Anubhav Kathuria

Adv. Anubhav Kathuria

LawRatoDelhi | 1000+ Answers
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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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