Reg : divorced , but whether first marriage child will have property rights?
MuthuSankaraNarayanan
(Querist) 29 September 2011
This query is : Resolved
Respected Sir,
I got married by May, 1995. I delivered a child by Jan 1996. My Husband's Mother pulled the child off from my Hands by force by 8 days ie by Feb 8th, 1996 from the delivery because my Husband is not having job and I have to work for them.
I worked for all of them because My Husband had not worked upto 2000. I had given them 55 Lakhs and 10 Lakhs of My Jewels.
Then I found my Husband had mistakes of Going out by His mother. So I had not cooperated with him, I got divorce by 2006 by 3 yrs wait.
But the child I delivered is with their family.
I am Professional in IT. First time I earned 55 Lakhs. Now my earnings predicted as 65 Crores.
I am planning for my Second marriage. My Parents saving for that.
The Question I have is "Whether the first marriage child will have Property Rights?".
Because My third child is going to be from Foreign from UK.
So if the first child is also Having property rights , I need to work more and save for both. Otherwise, only for my third son , I have to.
As per the Divorce Statement , it is told, only Blood relations. No property rights.
But is there any chance in Hindu Marriage Law?. Whether my First Son sue me for property?. or Can He ask?.
Please answer .
ajay sethi
(Expert) 29 September 2011
it is your self acquired property . by will you can give it to all your children equally or to any one .
in case you dont leave behind a will all your children will have equal rights on the property as per hindu law .
MuthuSankaraNarayanan
(Querist) 29 September 2011
Actually the point is , the first Husband tries to come back with Share option. He had married a 12th. Now He wants me back.
But already I am engaged with a Person in UK.
So whether I accept this First Husband in Share basis? Or Can I file 498 against Him.
I feel real torture and I feel like my Hypertension comes back.
Can you answer this?.
ajay sethi
(Expert) 29 September 2011
what you mean first husband tries to come back with share option .
you are divorced now . you have undergone lot of mental torture . move on in life .
if you have got second chance of happiness take it . why you wan to go back to your ex husband after being divorced for 5years ?
if you love him then forget remarriage . you ahve to decide . forget filing 498 A now
MuthuSankaraNarayanan
(Querist) 29 September 2011
The thing is they not only want the property. They want me back by Share basis, Please answer this.,
I feel that is Illegal. Because the First Husband got 2nd marriage with a 12th std, now need me back by Share??? and becoming obstacles in my Second marriage..
Can I sue 498??.
MuthuSankaraNarayanan
(Querist) 29 September 2011
Ok, So if he asks, Share, I don't consider that , because it is not Legal right??.
Please answer this
ajay sethi
(Expert) 29 September 2011
madam you are confused . what is share basis? you dont answer my questions .
if your husband has after divorce remarried it is not an offence and not cruelty to attract 498 A
MuthuSankaraNarayanan
(Querist) 29 September 2011
Actually He got remarried by 2010. Now He wants me back as Second wife as SHare...
You got my Point.. Which I don't want to go through because it is not legal.
They are torturing to come back. I feel my Blood pressure comes back.
Can you answer this, I say "torture", because He is calling after He did the second marriage.
I don't want to go back to Him. I need my NEW LIFE
R.Ramachandran
(Expert) 29 September 2011
You can straight away say NO to his proposal. There ends the matter. Do not entertain his calls / letters / mails etc.
You better go ahead with your proposed remarriage and settle.
MuthuSankaraNarayanan
(Querist) 29 September 2011
Thank you for this Help. Really Helpful.
Grateful to all of you
ajay sethi
(Expert) 29 September 2011
refuse to go . if he calls again and again file police complaint .
obtain a restrining order from court . contact a local lawyer
go and settle down in UK .
Prasan
(Expert) 29 September 2011
once divorce takes place in the courts of law, no relations remains in between u and your husband. So u need not worry about his demands. Now he is just a stranger to you. He don't ve any right over you or your property.
So, avoid him, and move in your life.
Shonee Kapoor
(Expert) 29 September 2011
I think will is the only answer, as explained.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
