Legal Question in Family Law in India
I have been married with a man working in a private company.his father is quite rich and they have good property.i have two kids.he z a cruel one,made our life hell,i have filed dowry case,cyber crime(i.t.),125 ipc and domestic voilence as well.high court has ordered him to give us 12000 per month.bt he is not paying and getting safe by court tricks.please advice me what can i do?i have 10 yrs old son and 8 years old daughter.if i ask for divorce myself,will i get compensation.they are agreed to give 16 lacks but i want them to bye a home for my kids.what if i agreed at some terms and what about the rights of my kids on their property?
2 Answers from Attorneys
your kids have a right by birth in the ancestral property and for that you may adopt the legal recourse so that their right is not defeated due to dispute of parents. regarding residence, you may seek residence orders where you husband is staying and for that you need to press for residence in your domestic violence complaint. you have rights under the law but they need to be enforced by aggressive representation.
unless the property of your Father in law is self acquired, your kids share in the ancestral property is safe. You can go for Mutual Consent Divorce and ask for lump sum alimony. It will be fast and sure way of getting divorce and alimony.
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