• Living together after divorce

My father and mother got married in 1984 and in 2003 my father went to abroad. In 2005 with mutual consent they got divorced because my father had to marry someone there to get PR of that country.  Although my father and mother were divorced, but they are living together as husband and wife. But now my father wants to marry someone else. When my father and mother got divorced, my mother didn't got any alimony. The custody of me  and my brother was given to my mother. Is there any way to stop my father's marriage or to get a share or property?
Asked 1 year ago in Family Law from United States
Religion: Sikh
1) your father can remarry as he is legally divorced 

2) you can't stop his remarriage 

3) if it is your father self acquired property you and your brother can claim no share in said property 

4) your mother can seek maintenance from her husband even after divorce 

5) she can file domestic violence case against her ex husband in India and seek right to stay in her matrimonial home or alternative accommodation as even after divorce they continued to stay in same house as husband and wife 

6) she can also seek injunction restraining her husband from selling the house 
Ajay Sethi
Advocate, Mumbai
23173 Answers
1217 Consultations
5.0 on 5.0
Hello,
1) If the property is ancestral, that is handed down 4 generations undivided the children have their share in the property.

2) As your mother got divorced through mutual consent she would have waived off all her thoughts and hence can't claim any rights.

3) You can get an injunction from court restraining your father from alienating the property while here is alive.
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0
1) if your grand father executed a gift deed in favour of your father and it was duly stamped and regd then your father would be absolute owner of the property 

2) you and your brother would have no share in the property 
Ajay Sethi
Advocate, Mumbai
23173 Answers
1217 Consultations
5.0 on 5.0
As he is single now due to legal divorce he can marry as per his wish nobody can restrain him to do that.

If the property is ancestral property then you can claim the share and for that file a civil suit for partition before civil court.
Nadeem Qureshi
Advocate, New Delhi
3523 Answers
130 Consultations
4.9 on 5.0
You can't stop the marriage of your father. The maintenance of your mother and yourself depends up on what is stated in Mutual divorce petition.If she relinquish the maintenance mount ,now she can't claim the same. Your father become  the absolute owner of the property when he got from grandfather. you and your brother can also claim maintenance / educational expenses  from your father if you are not attain majority. 
Ajay N S
Advocate, Ernakulam
1911 Answers
19 Consultations
5.0 on 5.0
1. You can not stop your father from remarrying. His re-marriage will not hinder your right of share in the ancestral property.
2. Your mother if does not remarry can claim for maintenance from him. She is entitled to get that as long as she lives.
3. Since properties are ancestral you will not loose your right on his remarriage.
Devajyoti Barman
Advocate, Kolkata
5186 Answers
54 Consultations
4.9 on 5.0
1. If your father got married to a foreigner and is still living together with his ex-wife he can be prosecuted for bigamy by his current wife.

2. Your mother can sue your father for maintenance to get the required amount of financial support from him,albeit she has no share in the property of her husband, much less ex-husband.

3. Your father cannot remarry unless he obtains divorce from his current wife. His current wife alone can take legal action to stop him from marrying without obtaining divorce from her.

4. Once the property was given to your father by his father the former became the owner of it. Your mother cannot claim a share in it. 
Ashish Davessar
Advocate, Jaipur
18088 Answers
447 Consultations
5.0 on 5.0
Since it's a hereditary property you may claim your right over the said property. It your  right which the law has conferred on you. 


Regds, 

Adv. Payal
Payal Arora
Advocate, Pune
331 Answers
7 Consultations
4.1 on 5.0
The property bestowed by your grandfather in your father's favor will be the absolute property of your father and nobody can stake any claim min it including the donor, i.e., your grandfather.
The marriage proposed to be ceremonised by your father with another lady is his personal problem, you cannot interfere neither your mother can because she has already divorced him and their marriage is dissolved by a decree of divorce.
If she had not opted for alimony at the time of divorce, she can claim monthly maintenance amount under section 125 cr.p.c. now which can be granted to her life time by the court. Unmarried daughter can also claim maintenance from her biological father till the time she gets married. 
Neither your mother nor you or anyone can claim any share in the property that belongs to your father exclusively and absolutely.
T Kalaiselvan
Advocate, Vellore
13969 Answers
127 Consultations
5.0 on 5.0
1. Your mother can not say now that she agreed for signing the MCD being a party to the conspiracy by which your father could marry some one else to get PR of that country,

2. They are divorced now,

3. However, you and your brother cal claim maintenance from your father,

4. After his demise, intestate, you two brothers will be joint owners of his leftover properties.
Krishna Kishore Ganguly
Advocate, Kolkata
12084 Answers
228 Consultations
5.0 on 5.0
1. When your grandfather transferred his properties to your father, he bacame the absolute owner of the said property,

2. You have no right on his said property during his lifetime, even if your grandfather wants it.
Krishna Kishore Ganguly
Advocate, Kolkata
12084 Answers
228 Consultations
5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Family Lawyers

T Kalaiselvan
Advocate, Vellore
13969 Answers
127 Consultations
5.0 on 5.0
Ajay Sethi
Advocate, Mumbai
23173 Answers
1217 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18088 Answers
447 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12084 Answers
228 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
5186 Answers
54 Consultations
4.9 on 5.0
Nadeem Qureshi
Advocate, New Delhi
3523 Answers
130 Consultations
4.9 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
868 Answers
43 Consultations
5.0 on 5.0
Atulay Nehra
Advocate, Noida
434 Answers
15 Consultations
4.7 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2735 Answers
41 Consultations
4.9 on 5.0
Ajay N S
Advocate, Ernakulam
1911 Answers
19 Consultations
5.0 on 5.0