Legal Question in Family Law in India

my husband and i have been living apart for 11 years? we are both in India. we got an order for restitution 4 years ago which was not complied with but we are not divorced yet. he has been remarried for about 10 years and has kids. i had a son with him who has been staying with at my parents house since birth. he is 11 years old. the court ordered him to pay a meagre amount of 1000 rupees since he claimed he is jobless. he is dependant on his parents who are very well off. he has stopped paying maintainence for a few years now.

my queries are

1. does my son have any rights in his grandparents property?

2. if so, please let me know how do i go about it?

none of the lawyers i have contacted have been very helpful.

we were married under Christian law


Asked on 7/01/10, 7:25 am

1 Answer from Attorneys

Sudershan Goel India Law Offices of Sudershan Goel - Advocate

You and your son may claim maintenance;

You are entitled to seek his prosecution under D.V.A. and claim damages.

You are also entitled to seek his criminal prosecution for the offence of BIGAMY under IPC on the basis of his second marriage.

Your son may not be entilted to claim any rights over his grand parents property.

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Answered on 7/03/10, 9:14 pm


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