Legal Question in Family Law in India
Learned Gentlemen,
I'm seeking this advise on behalf of a good friend. The situation is as under:
1. M and W were married 14 years ago.
2. They were not interested in children, but a daughter came, through not by planning. On pregnancy W insisted on retaining.
3. Since then they have been living just as Co-inhabitants of the house.
4. W's behaviour has resulted in M's mother, a widow, leaving the house and living in an Ashram.
5. M is aggrieved which is reflecting in his work. Though a top B School grad, he is hardly making money to survive.
6. W is a government official, highly paid.
7. The house in which they stay is M's, purchased out proceeds of ancestral property and personal income.
8. W is not interested in separation as it suits her image as a senior married government official. She has a place to stay.
Advise matter
1. What is the way ahead?
2. What are the legal provisions for property? Does W have a right? Would M have to sell it off, even when W is entitled to government accommodation?
3. What are the rights of M for his daughter?
Please advise,
Regards
2 Answers from Attorneys
The mother may be entitled to custody of the child and a share in the property of her husband. She may also be entitled to alimony and child support.