Suit for possession
Faisal
(Querist) 19 September 2011
This query is : Resolved
Husband has divorced his wife but they are still living in the same house along with thier two minor sons. Suit for maintenance by the wife against his ex-husband/father of minors have been decreed. Now the father has filed suit for exclusive possession of the house against his ex-wife and minor sons.
Is this suit maintainable to the extent of plaintiff's own minor sons?
Chanchal Nag Chowdhury
(Expert) 19 September 2011
Depends on the terms of custody in the decree. Normally, children below 6 years should be in the custody of the mother, but, if she is unable to maintain herself & the children, the father will have to arrange for that.
Therefore, success will depend on that.
Shastri J.K.
(Expert) 19 September 2011
Normally suit maintainable against his ex-wife. But it is depends on the terms of conditions in the decree.
Sailesh Kumar Shah
(Expert) 19 September 2011
YOUR SUIT WOULD BE SUBJECT TO TERMS & CONDITIONS OF DECREE.
ajay sethi
(Expert) 19 September 2011
did the wife claim right of residence or alternative accomodation/ what were the terms of granting divorce?
prabhakar singh
(Expert) 19 September 2011
"Is this suit maintainable to the extent of plaintiff's own minor sons?"
So ONLY this much is the question,but very intelligently framed,to which my answer is in
AFFIRMATIVE if custody of children given to divorcee wife togather with award of maintenance of all.
If converse is true ,then my answer is NO.
Faisal
(Querist) 22 September 2011
Custody of minors has not been the issue so far between the parents and there is no decree of the court in this regard.
Secondly parties are Mohammedans so the husband has simply divorced the wife without any intervention of the court or the decree.
Maintenance decree is also silent as to the place of living of minors as the father has filed the suit of possession after almost 2 years of maintenance decree.
