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Javed Khan Mustafa   12 October 2023

Who will have custody of children what will be done to the property under loan

I live in Navi Mumbai, my wife left me with my two daughters to Chennai her mother house before 2 months, we have dispute on thoughts unable to settle it after 8 years of marriage life,,

I want inking to divorce here legally and take custody of daughter since i want to be responsible towards there education and marriage in future, one daughter 5yrs , second 7yrs 

I bought flat here all my loan document have my name , but property is registered on both of our names, i want this property to go our children, after closure of loan, that will take 19 years tenure now,



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 4 Replies

Real Soul.... (LEGAL)     13 October 2023

Since mother is given priorty for being custodain of children that too female kids, you can settle the dispute amicably with your wife. It is better to settle things decide the fate of your marraige. Since the property is in both of your names she must agree to transfer that to your daugheters

P. Venu (Advocate)     13 October 2023

In the given facts, the mother has priority in getting custody of the daughters. The father can only have visitation rights.

Dr. J C Vashista (Advocate )     14 October 2023

The house co-owned by both of you can be passed on to your daughters by both of you but not uniletrally.

Whether your wife is not interested in maintaining custody of your daughters ? Presently children are with you and she (your wife has no dispute and children are happy and contented in your care and custody, why do you intend to open a new pandora ? Did you apply for the custody of children ?

This is your statement of facts, what is your dispute / issue / problem for consideration and obligation.

It is better to consult and engage a local prudent lawyer for proper appreciation of facts, professional advise and necessary proceeding.

Shivam Chaudhary   14 October 2023

Dear ISr, 

As per your facts, it would be in the best interest to settle this dispute via a mutual consent dicorce, if it goes by way of a centested divorce, then things can get tricky with respect to custody of your kids. Moerover, you wife can claim all the assets, in which she is a joint owner, subject to the fact that she can prove that she contributrd towards the same. 

Though she might not be interested in keeping the children, which is an assumption, given the facts you've narrated, We recoomend you to visit a lawyer and tell him the entire story, as the facts here are too narrow to come to a cogent conclusion. 

Regards, 

Shivam Chaudhary 


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