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Srinivasa Reddy. K (N/A)     24 July 2013

Contested divorce

My wife deserted me 3 months back. She left with both children( Boy -12Yrs- Girl-6 Yrs) and staying with her parents. She is presently working in a school where she's joined the children. She is so adamant that despite the fact that my parents are elders ( Both above 60 Yrs) and my father met with an accident and is now unable to perform agricultural activities. So I had to come back to my parents to look after them and agriculture. She is poisoning the minds of the children and they may not come to me leaving their mother. She's having 2 Acres of land & my father is having around 2 Acres land. My mother has got 5.5 Acres of land as Stree Dhan.  Now i don't have any other income as i've resigned my job.

My Doubts :

1. What are the Rights My wife & my Children have on my Father's & Mothers Property?

2. Should i file R CR  ?

3. If she gives consent in the presence of her village elders for our separation , can it be treated as divorce?



Learning

 1 Replies

Adv Archana Deshmukh (Practicing Advocate)     24 July 2013

1. What are the Rights My wife & my Children have on my Father's & Mothers Property?

-Wife cannot claim anything as she is able to maintain herself. Children can claim maintanance from you. If the property of your father is his self acquired property then nothing can be claimed by the children from him also.  Also they have no share in your mother's property.


2. Should i file R CR  ?

-You can if you wish.

 

3. If she gives consent in the presence of her village elders for our separation , can it be treated as divorce?

-NO.


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