i got married in 1997 , had a son in 1998. my husband took ex party divorce in 1999. i came to know in 2011. the orders were set aside, he remarried in 2011 . he has 2 kids. he is staying with his second wife we got seperated after 4 months . he tricked me. now i being his legal wife . can i stay with him. wen i go to his house no one answers the door . his father died . can my son claim for his right in property. he keeps on making baseless allegations can i sue him in the court. our families have been in touch these regarding this issue. my son is mentally depressed , the day his father ignored him. what should i do?
Asked 4 years ago in Family Law from sonipat, Haryana
how you came to know about divorce in 2011 after 2 years
Advocate, New Delhi
1. Since the orders have been set aside you may claim the right to reside with him.
2. If there is an ancestral property in family then your son claim his share therein.
3. For any baseless allegation you may sue him for defamation.
4. You may claim maintenance for yourself and your son.
since expartee order is set aside you got full rights as his legally wedded wife but mind only till the pendency of suit of divorce. at the end final order of court will matter in divorce suit
Advocate, Greater Noida
1) file case under Dv act to claim right to stay in matrimonial home . you are the legally wedded wife and hence you have right to stay in matrimonial home
2) if your husband has remarried during subsistence of earlier marriage you can also sue him for bigamy
3) your son can claim share in ancestral property of your husband . but if it self acquired property of husband he cannot claim any share .
4) for baseless allegation levied by your husband you can sue him for defamation
5) in addition if your husband ignore his son and does not take car of him financially you can claim maintenance
if father of your husband died without any will and left any property then your son has right in the property. file a civil suit for partition against them. you can file a bigomy case against your husband. you should contact a lawyer personally for best advise.
Advocate, New Delhi