Divorce and Family Divorce and Family

3 years ago

I have got married in year 2006 and my daughter was born in year 2008. I have got seperated in year 2013 due to some family issues and filed a divorce case in year 2017. My daughter was with him only since 2013. My husband hadn't appeared in any of the dates in Court. Last month he expired due to some health issues and illness. He survived by our daughter, his mother and 2 married sisters. How can I get my daughter back with compensation and expenses for her studies and marriage. I believe he hadn't much properties or cash balance on his name. His mother has got all these on her name only. She is more that 65 years old. Please suggest how to sort it . Thanks

Ayantika Mondal @ Prime Legal

Responded 3 years ago

A.Hi,
Since your husband has expired you are the legal guardian of your daughter. If the in-laws are not allowing your daughter to come to you then you can file an application in the court for her custody. Also, you can claim a fair share in the property owned by mother of your deceased husband.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 3 years ago

View All Answers
A.Hi,
Since your husband has expired you are the legal guardian of your daughter. If the in-laws are not allowing your daughter to come to you then you can file an application in the court for her custody. Also, you can claim a fair share in the property owned by mother of your deceased husband.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Arunayan Sharma

Responded 3 years ago

A.As a natural biological guardian, you can get back your daughter. Through the court, you have legal rights over your deceased husband properties; if anything left in his name.
Doe your daughter you get in touch with the Child Welfare Committee of your district.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Narvir Yadav

Responded 3 years ago

A.U and ur daughter have right on ur husband property..and just go there and bring back your daughter...and file a civil case in concerned court
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Read Related Answers

question iconRCR case
Dear Client, Under section 9 of the Hindu Marriage Act, any spouse can file a petition before a district court for the restitution of Conjugal Rights(RCR). This remedy can be sought by either the hus...
question iconSeparation from Sibling on a legal ground
Dear Client, You cannot be legally separated from your sibling. If the separation is about the property matters, then we would require more details on the issue, to answer your question precisely. Hop...
question iconMy sister is not giving my share from our parents property
Dear Client, If your parents died intestate (without a will), then you and your sister are equally entitled to the property according to the law of inheritance. You can file a suit before the jurisdic...
question iconHusband denied expenses for both of us
Dear Client, Section 18 of the Hindu Adoptions and Maintenance Act (herein HAMA), 1956 states that a Hindu wife, whether married before or after the commencement of this Act, shall be entitled to be m...
question iconSeeking Anullment of marriage
Dear madam, You cannot file second divorce petition but such additional ground for declaring your marriage as null and void. You may amend your earlier petition and add additional ground.