Legal Question in Family Law in India

Hello sir

My brother was in a govt. job in railways.Within one year after his marriage he passed away.At that time his son was just more than 1 month.On compassionate ground his wife got a job in railway.She also got insurance money of my deceased brother.She didn't give any detail about the insurance money and also she spends all the salary on herself.The son is kept by him.Now after about one and half year we get to know that she remarried and is living with her new husband. She is still receiving salary on compassionate ground.

We (my family including my mother)now want that her job should be terminated and we should be given the custody of the child.So i just want to know from you that what steps should be taken by us now.


Asked on 12/06/09, 12:06 pm

2 Answers from Attorneys
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

there is no legal ground on the basis of which her job can be terminated or the custody of minor child can be given to your family. you should understand that she has a right to live and how can she spend her entire life without husband. due to your selfishness, you cannot deprive a person of her livelihood. better forget this vengeance and let her live happily.

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Answered on 12/07/09, 1:27 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

You should allow her to leave peacefully with her son. You or your mother are not entitled to interfere in her life.

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Answered on 12/07/09, 8:44 pm


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