Legal Question in Family Law in India

I'm a girl 21 years old. I m from Andaman. My parents have been separated since I was 7 years old. The reason being that my mother had affair with someone else.I have a sister. M doing my finalyear in college and my sister is in 12th standard in school. My dad married another woman four years after separation. My mom also married another man but now she is not with that man( As per my knowledge). My dad filed for divorce almost like 13 years back. But my mom did not agree to give divorce. I stayed with my dad and my sister is staying with my mom. My mom's point is that my dad won't take care of my sister's education if my mom dies or something happens to her. So she doesn't want to give divorce. My dad thinks my mom wants property. My dad wants me to come back home soon as my college gets over ( will get over by April) and stand as a witness that my mother is married or she s characterless and that I have seen her with another man. I thought of getting out of this hell as soon as I complete my education as I got placed in a company in my college and will b having my job in six months. But now my dad won't allow me until he gets what he needs. I spoke to my mom but she thinks my father is using me to blackmail her. I told I will get my dad signed in an agreement that he will take care of my sister's financial needs till she completes her education. Or at least I have a job in hand and I will sign the agreement and take care of her needs. But still my mom doesn't agree. What do I do in this situation?


Asked on 1/30/17, 9:43 am

1 Answer from Attorneys
Santosh Goswami,Advocate sure shot legal

My suggestion is to be aloof and pursue your life and career. See, in a self acquired property, both sisters can not make a claim. And if there is ancestral property, both sisters are legally entitled to get their share. Secondly, Both of you has to right to seek maintenance including marriage and study expanses from your father. Therefore, I think you should not be partial to anyone. Let them settle their score themselves.

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Answered on 2/01/17, 1:45 am


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