Ssr Reddy
Asked October 03, 2016

Child custody and rights to ancestral property

  • 1 Answer
  • 624 Views

Dear, iam from Andhra pradesh. I have problem with wife she have some love affair before marriage, which she continued after marriage(she started when baby boy was born), one fine day she went with him. arranged some meetings with elders to settle this matter, but after that, her behavior was not good: she harassed me and also physically harassed my kid for that i have solid proof. Now she left both of us and stays with her mother since last 16 months. Now she put a case in Lok Adalat. Judge heard both of us and he observed her behavior was not good and cancelled the case. Now after that she put case in local woman police station. This is going on now. Give me any suggestion and i have two question please answer me. 1) my son is now 6 years (30th june 2011) now with me since last 15 months, when she ask custody of her son what will be judgement(she is physically harassed him when son was at 3 y of age). 2) What about ancestral property. My grand father buy some land and after his death his 3 sons divided that property now 1 part with my fathers name. She have rights on that property?

Answer 1

Based on the facts you have stated, you can file for divorce (if you have not, already). The grounds for divorce in Hindu Law are:

a. Adultery (voluntary sexual intercourse with any person other than his or her spouse)

b. Cruelty

c. deserted the spouse for a continuous period of 2 years

d. ceased to be Hindu by conversion

e. incurably unsound mind

f. Virulent form of leprosy

g. Renounced the world

h. Not been heard of for seven years or more.

 

  • If you have enough proof and witnesses to prove that the mother has been physically abusive towards the child and been harassing him. The main principle of the court in deciding custody of a child is always the interest of the child. So you must prove to the court that: staying with you, and NOT staying with the mother, BOTH are in the interest of the child. Since you have concrete proof, it is most likely that you will be successful in securing the custoy of your child.
  • After the divorce wife has only the right to get maintenance out of her husband’s property if husband fails to or refuses to maintain. She does not have the right to this property in case of divorce.
  • Agree Comment 0 Agrees about 4 years ago

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