Legal Question in Family Law in India
On Thu, Jun 20, 2013 at 3:20 PM, Balasubramanian K.P.
Dear Sir,
A relative of mine aged 47 years is a housewife, education is 10th pass married in 1996 to a businessman 51 years education is B.Com, continuing in family business started by his father.His father passed away in 1998 and the business now is done by her husband and husband's mother is an inactive partner in the business.
Both husband and wife are Hindu and the marriage was conducted as per Hindu Brahmin Iyer Customs.
They have two daughters aged 16 years and 14 years studying.Husband, wife, mother of husband and their daughters stay in the family house, claimants for which are Husband's elder brother and two sisters.
She has undergone serious harassments from time to time and her husband under the influence of alcohol quite often abused her and she had even attempted suicide induced and abetted by one such harassment of husband, about an year ago.
During last week her husband and her elder daughter had beaten her up and brought her to her brother's house in a pathetic state alleging that she was in an illicit relationship with one of the Husband's employee. This is after 17 years of their marriage and staying together.
Both of her daughters are on her husband's side.
Yesterday ie on 19/06/2013, her husband called her brother informing that he wants divorce and he wants to remarry and has spoken to his lawyer and under the advice of the lawyer would be sending a joint petition for her signature.
We would like have a clear legal opinion on the merits of such a petition and would seek an unambiguous opinion to seek full justice for my relative
Kindly advice on the following :
1. What will happen to her daughters as both are minors? Will mother get custody?
2. What about her maintenance, as she was an housewife and does not have any source of income on her own nor does she have an house for herself. She has sought refuge in her brother's house and her brother is a salaried employee with meager income and has his wife, housewife and his two daughters to fend.
Please advise how to handle this case to meet the end of justice for the poor lady.
K.P.Balasubramanian.
1 Answer from Attorneys
Mother can claim the custody of minor children. Courts, normally concerned about the welfare of the children and may take the views of children as well.
entitled for maintenance.
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