Permanent alimony
pushpakrishna
(Querist) 12 June 2012
This query is : Resolved
Dear experts,
Wife filed diverce petition in the court of law,a settlement agreed between both under the advice of the elders.husband has to pay an amount of Rs.10,00,000 towards full final settlement for wife and his son who is having 2 years old.After attaining the majarity by son can the boy can file a share in the property of his father?Boy is now under custody of his mother.can father claim his son after 7 yers for the best interest of his son even after the above settlement?is it necessary to file compramise petition before the court?kindly advice for the benifit of son.
Devajyoti Barman
(Expert) 13 June 2012
1. Compromise petition is mandtorily filed in the court of law for avoiding all possible future disputes.
2. Only son has right on inheritance by way of birth in the father's ancestral property, not self acquired property. Wife has no such right.
3. The father can file suit for custody for the welfare of the child. Visitation would be allowed even prior to that. Include clause of visitation in the compromise petition.
Shonee Kapoor
(Expert) 15 June 2012
Yes, the father can file for the custody of child, the custody orders by its very nature are always interlocutory orders.
Rest as advised.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
