My husband and I married in 2010, but things didn’t work out and he filed for divorce the following year. We separated in 2013, shortly after our first daughter was born. He came back in 2014, saying he had changed and bought a flat for us, so we remarried in February 2015. I got pregnant right away and our son was born just 15 days ago. Now, he refuses to pay for the delivery and won’t let me back into the flat. Can I legally fight for my kids and me to have access to this property?

Apni Law
Apni Law
Law Forum › Category: Divorce › My husband and I married in 2010, but things didn’t work out and he filed for divorce the following year. We separated in 2013, shortly after our first daughter was born. He came back in 2014, saying he had changed and bought a flat for us, so we remarried in February 2015. I got pregnant right away and our son was born just 15 days ago. Now, he refuses to pay for the delivery and won’t let me back into the flat. Can I legally fight for my kids and me to have access to this property?
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Apni Law Staff asked 1 year ago

My husband and I married in 2010, but things didn’t work out and he filed for divorce the following year. We separated in 2013, shortly after our first daughter was born. He came back in 2014, saying he had changed and bought a flat for us, so we remarried in February 2015. I got pregnant right away and our son was born just 15 days ago. Now, he refuses to pay for the delivery and won’t let me back into the flat. Can I legally fight for my kids and me to have access to this property?

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Best Answer

Apni Law Staff answered 1 year ago

You may have grounds to legally challenge your husband’s actions. Under Indian law, a spouse has a right to reside in a shared marital home, even if the property is registered solely in the husband’s name. You can file a case for maintenance and residence for yourself and your children, seeking access to the flat and support for their upbringing.

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