Request advice
Querist :
Anonymous
(Querist) 16 December 2009
This query is : Resolved
Respected sir,
My wife has filed DV/DIV/$98-A against me and i have more than 100 evidences for that all these are false and febricated.
I too have filed a criminal complaintunder sec. 200 crpc in which she has been issued summon u/s 193 of IPC and in DP 3(u/s 388/506/120-B) in which order is at final stage and waiting for the order since 01-10-09 and NDOH i.e for order is 20-12-09.
Now they want to settle down , but actually i am not interested, i donot want to marry in future. They want me to agree for mutual diverse. First i was ready to give the divorce, in one condition that they have to give me the physical custody of my son who is 8 yrs old, they agreed for that and want two lacks in liew of that. I too agreed for that . But that that there was no response, But i want to take a advise from you that in case, they are not giving me the custody of my son, because they know the my father is have a proper of nearly 10 crores and they told some one that after the diverce and when my son will be completing the 18 years. He will fight for that. Is there any provision that my son cant not claim, my parents property, evedn ansestor property.
So i will take my decision after that.
with regards.
Adv Archana Deshmukh
(Expert) 16 December 2009
Why don't you file an application for custody of your son? As far as property issue is concerned, you cannot exclude your son from inheriting the ancestral property. Your father can make a WILL and exclude your son from inheriting his own property.
Guest
(Expert) 16 December 2009
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE.09325226691, 09271971251
e.mail.adv.nbsawant@yahoo.co.in
e.mail.nandkumarbs@sify.com
REGARDING THE MATRIMONIAL DISPUTE KINDLY NOTE THAT.
1.IT IS ADVISIBLE TO COMPROMISE THE MATTER AT AN EARLY STAGE.KINDLY NOTE THAT MOST OF THE RECENT ACTS ARE IN FAVOUR OF MARRIED WOMEN.HENCE KINDLY CONCENTRATE ON YOUR JOB AND FUTURE LIFE AND DO NOT WASTE YOUR VALUABLE TIME ON DEFENDING MATRIMONIAL MATTERS.
2.TRY TO WORK OUT BEST POSSIBLE SOLUTION TO SORT OUT YOUR PROBLEM WITH MINIMUM POSSIBLE LOSS BOTH PRESENT AND FUTURE LOSS.
3.IN CASE THE OTHER SIDE IS READY FOR DIVORCE THEN KINDLY WRITE DOWN ALL DETAILS AND GET AFFIDAVITS OF BOTH HUSBAND AND WIFE FILED IN THE PENDING DIVORCE MATTER.
4.ONCE DECREE IS PASSED YOU BOTH WILL BE FREE TO ENJOY YOUR FUTURE LIFE AS PER YOUR DESIRE.
5AS FAR AS CUSTODY OF CHILD IS CONCERNED THE SAME CAN BE DECIDED AND WRITTEN WHILE FILING THE AFFIDAVIT OF BOTH THE SIDES.
6 THE SELF ACQUIRED PROPERTY OF YOUR FATHER CAN BE DISTRIBUTED BY MAKING A WILL AND ANCESTRAL PROPERTY WHICH YOUR FATHER GOT FROM HIS FATHER OR MOTHER OR GRAND PARENTS ,YOUR SON HAS RIGHT IN THE SAID PROPERTY.
7.YOU MAY KINDLY NOTE THAT POSSESSION OF CHILD IS TILL THE AGE OF MAJORITY ONLY THEN THE MOMENT THE CHILD IS MAJOR HE CAN TAKE HIS OWN DECISION TO STAY WITH FATHER OR MOTHER.COURT WILL NOT PASS ANY ORDER AFTER HIS MAJORITY.PLEASE NOTE.
YOU MAY WRITE AND SEND DETAILS IN CASE ANY FURTHER HELP IS REEQUIRED.
WITH BEST REGARDS TO YOU YOUR FAMILY AND FRIENDS.
THANKING YOU
YOURS SINCERELY
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
niranjan
(Expert) 16 December 2009
Better file an application under guardian and wards act to get custody of your son.
Sukhija
(Expert) 16 December 2009
i agree with above advice given by Adv. Archana and Sawant.
Raj Kumar Makkad
(Expert) 16 December 2009
Mr! So far rights of your son are concerned, definitely he shall be entitled to inherit you and not to your father. If your father has any ancestral property then after his death all his such properties shall devolve amoung all his legal heirs in equal share and if your father has self acquired property then he can make will of such property in the name of any person/organization etc. as he is the sole owner of such properties.
After your death, your son shall definitely become your legal heir but you can sell or dispose off your properties during your life time as per your whims and wishes but not ancestral properties which can be got set aside by him.
Adv. Biju Gopal
(Expert) 17 December 2009
I also agree with Adv. Archana and Sawant.
Adv. Biju Gopal
www.familylawyers.in
