does my wife have right on my property maintenance and my child???
5 years ago
Hello,
i am umesh karkera.i married in the year 2014 and i have a son which is 3years old.i live abroad and my wife lives with my mother in my mother's house.after 2years of marriage she started arguing with me and there after with my mother.i give her more then enough money for her and my son's expenses.she started harrasing my mother physically and used to throw all the important property documents and blackmail me and my mother that she would kill her self and my son. she has some mental illness and im even consulting her to the doctor whereas i was unware about this before marriage.she does this because she doesnt want me to share my money with my mother and for the maintenance of my mothers house where she lives.she only misbehaves with my family and not with others.i even complained about this in the nearest police station.i have a flat in mumbai and my sister is the nominee of the house and i pay my loan every month that is 17lakhs and my mother's house is in karnataka.my wife is not working but she is capable enough to work by her own. as she has passed her bcom.now she doesnt live with us she lives with her parents.
1)does she has any right over my house or my mothers house??
2) do i have to pay any alimony after giving divorce???
3)what if she is not willing to give divorce???
4) in who's custody will be my son?
Wife entitled for maintenance only
ARPIT BATRA
Responded 5 years ago
Your wife has a right to your property but not your mother's property
You have to give alimony after divorce.
If she is not willing to give you divorce then ask for judicial separation as per the law.
Since the child is young the judgment may be in favour of your wife.
Still you can apply for custody and see your son from time to time.
If your wife is undergoing treatment for her mental illness then you can keep the child with your mother or a care taker / nurse to be appointed by you.But the court has to be convinced.
On humanitarian ground try to provide good medical care to your wife.
So that she can take care of your child well.
Shanti Ranjan Behera,
Advocate
Deepak Yashwantrao Bade
Responded 5 years ago
umesh karkera
Replied 5 years ago
i think its not safe to keep my son with her.she blackmails me that she would kill my son
Deepak Yashwantrao Bade
Replied 5 years ago
Dear client I can understand your concern but what law says its considerable. Your son is not matured. If you want your son will be safe then atleast you should prove her mental illness sufficiently.i am sure your concern will be highlighted by court.good luck.
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