Legal Question in Family Law in India
Need advice.
I got married in 2001 and got divorced in Jun-2011. We have a daughter age 9 yrs, who stays with me. In Dec-2011 my ex-mother-in-law expired. Me and my daughter attended and did all her last rites as my daughter was very much attached to her. As per late mother-in-law's wish, my ex-father-in-law gave my daughter his wife's jewellery.
My ex-husband got remarried in 2013. As per court's order, he is suppose to pay me alimony every month, which he did regularly untill now. He is also suppose to take care of my daughter's expenses. I don't bother him for small things except her education expense.
Now, this year when I asked him to pay the fees, he replied us to sell his mother's jewellery and pay the fees, which obviously I don't want to do as it has sentiments attached.
My question is, can he force me to return the jewellery for his second wife or sell the same to substitute alimony and daughter's expense?
4 Answers from Attorneys
He cannot force you to return the jewellery for any reason or ask you to sell the same for substituted alimony and daughter's expense.
He will have to maintain you and your daughter till you get remarried or your matter turns major and marries.
So far as the jewellery goes, it being a movable property, is owned by your daughter as the same was given to her by your ex-father-in-law in terms of his wife's wishes. You will be holding the same till she turns major to decide the fate of the jewellery. You will require the Courts permission to sell the jewellery citing your daughters welfare, if so required.
I hope that have answered your query, failing which you may get in touch with me.
No he can not. Your daughter is sole absolute owner of property (here
Jewellery) n even you cannot force her to sell the same. Your alimony
In the form of daughter expense will b his obligation
No he cannot your daughter is the absolute owner of the jewelry and since she is minor you will be the guardian .Your husband has to pay maintenance as per court's order jewelry gifted by your father in law as per the wishes of your mother in law will have no effect on it .He is liable to pay you your alimony
No he cannot.
he have to pay alimony.
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