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venu (properietor)     04 December 2011

Separation from wife

Dear sir,namaskar.Ithis is venugopal mailing you with pranams.

My friend one Mr.Kannan got mrried in the year 2002.

He has his old parents & two sisters.

He has a child named priya who is seven years old.

He loves his daughter very much,but his wife is estrnged but living in the same house fot the last eight months.He is well settled & he gives her 20000/-ruppees per month for her maintanance.

She dosent allow his daughter to meet him,whom he loves & adores.

Now coming to the legal aspect he dosent want divorce neither hai wife intresred.

In the interest & future of his child,he is forcibally staying with his wife ,with out even seeing her face.

He has got some land at his native place kerala with a house which is registered on his name.

He dosent want to apply for a divorce.In case his wife applies divorce & goes for a legal battle,

what is the percentage of his property he has to give her.

Would she be allowed to remarry after getting  a divorce & a share in his property.

Is it sufficient if he only give her maintanance.

Since the child is a minor,who will get the custody of the child.

Sir to all the forum lawers please be kind enough to give your vakuable suggestion in this regard.

With regards,

Venugopal.

 

 

 



Learning

 1 Replies

sridhar pasumarthy (ADVOCATE)     04 December 2011

Dear Venu,

wife is not entitled to a share in the property of her husband until husband dies intestate with respect to his self-acquired property. 

Subject matter of divorce is different from claiming a right over the property of husband.  At best, she can claim monthly maintenance.  For that, she can claim a charge over the property of husband.

If the court grants divorce, either of the spouses can remarry anybody as per their wishes.

In case of custody of child, courts will have to give paramount consideration to the welfare of the child i.e. to prefer comparatively in whose custody the welfare of the child can be protected subect to an exception that normally, if the child is below 5 years, mother will be preferred for its custody.

 

 


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