Apni Law Staff asked 2 years ago
My husband and I have been married for almost five years, and our son is three and a half. He asked me to leave his home when I was four months pregnant, and I’ve been living with my parents ever since. Over the past four years, we’ve tried to work things out, and last year we even bought a flat together. However, he’s gone back on his word and is now demanding I remove my name from the property deed. He wants to be the sole owner and sell it or do whatever he wants. He also wants a divorce. What are my rights to the house? Can he force me into a divorce? Can I ask for maintenance? What are my son’s legal rights?
Best Answer
Apni Law Staff answered 2 years ago
Under Indian law, you have a right to the property as a joint owner. Your husband cannot unilaterally remove your name. You can seek maintenance for yourself and your son. He cannot force you into a divorce, but you can choose to pursue it. Your son has the right to maintenance and custody, which can be decided by the court.
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