Apni Law Staff asked 2 years ago
I’ve been living separately for the past 5 years, and a maintenance case is ongoing. My husband has not offered any financial support whatsoever. I have no desire to remarry. He has submitted medical reports showing he has multi-drug resistant tuberculosis. I need advice:
1. If I get a divorce, will my children inherit his property?
2. What happens if he claims to be unemployed, especially since his younger sister and her children live with him?
3. My parents are supporting me. Can he refuse to contribute to the children’s maintenance?
4. Can I ask for one of his two shops as alimony for my children?
Best Answer
Apni Law Staff answered 2 years ago
Under Indian law, your children will inherit their father’s property upon his death, regardless of your divorce. If he claims unemployment, the court will consider his sister’s presence and other factors to determine his financial capacity. Your parents’ support does not excuse him from contributing to his children’s maintenance. Seeking a shop as alimony for your children is possible but depends on the specifics of your case and the court’s discretion.
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