Legal Question in Family Law in India
We belong to Hindu family.I'm Married to a man 19 years back.Out of which i had a son aged about 15 years studying 10th Standard who is residing with me in Mysore.My mother in law died due to illness.My husband is not residing with me instead he resides with his father.My Father in law and My husband purchased and owns some property independently in their own names in their home town Mandya from their own earnings .I'm concerned with my sons future since my husband threatens to marry another women.
I want to ask some Questions from the above said facts.
1)On behalf of my son(who is minor now ) , I want to file Property litigation against my father in law and my husband to get my son's fare share in the property as owned by my husband and my father in law. Does the Indian law permits me to do so , whats the remedy.
2)As I'm a working women, He threatens to claim my hard earned money & property ( both self owned and gifts received from my parents )as his rights.Is it possible to him in Indian law to acquire rights in my hard earned Moveables and immoveable property.whats the remedy to counter such a litigation if arise !
4 Answers from Attorneys
Both your queries may be redressed by filing a complaint under domestic violence act.
dear client u can ask share in ancestral property on the behalf of minor son. if property is self earned by yr husband then he can dispose it according to his wish. yr husband cannot ask any thing from yr earning. for any legal help call me on 9422611385
ADV PRASAD PATIL
2nd question first: You are safe. Your husband cannot claim anything out of your properties.
1st question: You may file a case against your husband claiming maintenance for your son and for meeting expenses on his education. Even if you are earning, the court may award you expenses for your son's education. If your lawyer needs further guidance, he may write me email.