Legal Question in Family Law in India
Risghts of wife &children of separated family.
My daughter (education B.Tech) was married to a doctor (MRCP CH) IN 1999 and they settled in UK. After two years of marriage a female child was born with achromatopsia (complete loss of colour vision). They managed to live peacefully for another four years. After that with ill advise of the father of my son-in-law, he started disputing my daughter for divorce. He was then convinced to beget another child and that male child was also born with achromatopsia some three months before.The children were born with achromatopsia due to genetic defect of the husband or may be both parents.Now my son-in-law wants to live alone sending my daughter and her children to India( with the intention that after one year of sepaation he could remarry again)
the question whether he can remarry without the consent of my daughter?
Now my daughter is having the burnder of growing her children and she is upemployed. Whether she can claim compensation from her husband?
What are the rights of innocent children, can they claim 50% of the net income of their father, and if so how long?
Suppose both are getting remarried and the new husband refuses responsibiliyt of the growth of the children, can they continuously claim compensation from their father?
5 Answers from Attorneys
Re: Risghts of wife &children of separated family.
without a divorce from court you son-in law cannot marry. your daughter can claim maintainece for herself and her her children from the husband
Re: Risghts of wife &children of separated family.
in this situation, it would be practically difficult to secure the rights of your daughter as well as her children. its better if she fights out in u.k. itself. even though she file her cases here, but it would be very difficult to execute the maintenance orders from india. once she files the cases in u.k., she may get good results. it is advisable that you accompany your daughter and children to u.k. and help her get her rights. if she keeps staying here, he may even obtain ex parte divorce there and remarry..choice is urs.
Re: Risghts of wife &children of separated family.
(1) His second marriage is absolutely illegal as his first marriage is not dissolved.
(2) She is entitled to get maintenance and support for children as per the DV Act of UK.
(3) Childrens are entitled to claim maintenane and support from both of the parents.
Re: Risghts of wife &children of separated family.
Wife and child both are entitled for maintenance.Without divorce second marriage is not possible and maintenance of child is responsibility of father and mother even if they remarry.
Re: Risghts of wife &children of separated family.
(a) He cannot remarry without dissolution of first marriage
(b) She is entitled to maintenance (not compensation) - spousal support as also support for the children as per UK Laws
(c) children are entitled to claim maintenance from both the parents depending upon their income.
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