Legal Question in Family Law in India
I am Hindu by faith from Jamshedpur and my marriage took place in Meerut in March 2004. Fed up with the regular dispute between me and my wife, I left my wife and my daughter in meerut in the year 2012 and came to Jamshedpur to my parents.
My wife file a case in Meerut court in year 2013 and I was served only two notice from the court, but we didn't accepted the notice. Till now we had no idea about the status of the case. But now when I tried to know about the status of the case, by visiting the meerut court, I found that the court has given a judgement of divorce between us in March 2016.
Now my question is -
1. Can my daughter(mother's custody) claim for stake in the property/Fixed Deposit of her grandfather/grandmother or property/fixed deposits in my name after she cross 18 years of age, if the divorce has already taken place in March 2016
2. Can my wife claim for compensation now for herself & her daughter, if the divorce has taken place in march 2016
If yes, what shall I do to avoid the same because I am planning for second marriage.
I want to know other possibilities which may create a problem in future
1 Answer from Attorneys
You are liable to make payment of alimony to your wife for her and your daughter's maintenance. You cannot avoid this legal responsibility. In law, a divorced wife continues to be a "wife" for the purpose of maintenance. Similarly, it is your legal duty to provide maintenance for your daughter. If you want a permanent solution, you should meet with your wife and talk for a "one time alimony payment" as also legal custody of your daughter.