Asked in Family
Dear Sir, Wife has no right on property of husband except a claim for maintenance or alimony. However son got a share in the property of father after his death. Thus towards your and your sons maintenance you may file a suit for permanent injunction restraining your husband from alienating/transferring in any manner his properties in favour of anybody. Please contact me through this Website for more details.
Dear Client, Although onus of proof of domestic violence is upon you, however mere denial of allegations in the counter reply cannot be taken as his defence if you otherwise have concrete evidence of domestic violence against you by your husband. You may claim residence order and protection order in the Court. Besides you may also seek maintenance and compensation order under section 23 of the Protection of Women from Domestic Violence Act. However you cannot press for registration of any property either in your name or in your son's name under the prevailing laws of the land.
Well you have a 2 year old son and you are staying apart from your husband. your husband is liable for maintainence of you and your son as well. Seek maintainence and residential orders in the provisions of DV Act, if required. You want to stay with him again or not is your personal preference but as you said regarding the property for your son, you need to seek proper consultation. Proper legal advice can help you out at this stage.
You have not clearly specified about the cases pending. First of all you should file maintainence u/s 125 so that you receive monthly compensation from your husband. Kindly consult me for further queries and solutions regarding the same..
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