Legal Question in Family Law in India

Learned Gentlemen,

I'm seeking this advise on behalf of a good friend. The situation is as under:

1. M and W were married 14 years ago.

2. They were not interested in children, but a daughter came, through not by planning. On pregnancy W insisted on retaining.

3. Since then they have been living just as Co-inhabitants of the house.

4. W's behaviour has resulted in M's mother, a widow, leaving the house and living in an Ashram.

5. M is aggrieved which is reflecting in his work. Though a top B School grad, he is hardly making money to survive.

6. W is a government official, highly paid.

7. The house in which they stay is M's, purchased out proceeds of ancestral property and personal income.

8. W is not interested in separation as it suits her image as a senior married government official. She has a place to stay.

Advise matter

1. What is the way ahead?

2. What are the legal provisions for property? Does W have a right? Would M have to sell it off, even when W is entitled to government accommodation?

3. What are the rights of M for his daughter?

Please advise,


Asked on 9/06/13, 10:12 pm

2 Answers from Attorneys

dear client...

Contact me at [email protected]

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Answered on 9/07/13, 12:47 am

Sudershan Goel Sudershan Goel - Advocate, International Visiting Scholar, USA [2008-10]

The mother may be entitled to custody of the child and a share in the property of her husband. She may also be entitled to alimony and child support.

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Answered on 9/07/13, 10:25 pm

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