I have been living separately from my husband for the past six months. We have a 6 month old daughter, who is living with me. He now wants custody of the child. Who is entitled to custody of the child?

If you are a Hindu:
Both parents are entitled to custody of the children. The father is the natural guardian of a child and after the father it is the mother. But CUSTODY (actual control of the child) is different from guardianship. Under Section 6 (a) of the Hindu Minority and Guardianship Act, the mother should ordinarily have custody of a child upto the age of 5 years. Even after that and in every case, the best interest of the child will be the deciding factor if the matter is taken to court. The father is normally duty-bound to give financial support to the child even if the child is living with the mother.

If you are a Muslim:
You are entitled to custody of a minor son till he is seven years old and to a daughter till she attains puberty. However, the welfare of the child will be the most important factor for deciding the custody of the child. The father is normally duty-bound to give financial support to the child even if the child is living with the mother.

Yadi aap Hindu ya Mussalman hain, tho aam taur se chhote bache ki abhiraksha ma ko hi di jaati hai. Hindu kaanoon mein 5 saal tak ke bache ko ma ke sangrakshan mein hi rakha jaata hai. Muslim kaanoon mein ladke ki abhiraksha 7 saal tak aur ladki ki abhiraksha jawan honay tak ma ke paas hi hoti hai. Pita ko bacch ka kharcha dena hoga. Lekin har haalaat mein bache ki bhalai dekhi jaayegi.

I am a married woman and my father passed away without leaving behind a will. Do I have a share in his property?

Under Indian laws, marriage does not impact the rights of succession for a woman or a man. If a person leaves behind a Will, the property has to go to the person/persons mentioned in the Will.

Since your father has not left a Will, the property will go to all the heirs according to the law applicable to you. If you are a Hindu, you are a Heir as per the Hindu Succession Act 1956 and will share with other heirs such as your mother, grandmother, brothers and sisters if there are any. Similarly, according to Shariat Law, a Muslim woman is entitled to inherit a fixed share in her father's property. A Christian woman will also inherit as per the provisions of the Indian Succession Act.

Shaadi honay se kissi mahila ke uttaradhikar ke haq par koi farq nahin padta. Agar koi vyakti wasiyat cchod ke nahin jaata, tho kaanoon ke mutabik sampatti par haq banega. Hindu, Muslim aur Christian kaanoon ke anusar, ek ladki ko apne guzre huey pita ki sampatti mein haq hai.

My wife deserted me few months back without a known reason and is now demanding maintenance along with a separate place to stay. What do I do?

A woman is entitled to maintenance from her husband even if she is living separately. But she is entitled only if she stays away with a just cause such as the husband treats her with cruelty, he is involved with some other person, he neglects her, etc. She is also entitled to have a separate residence.
What you should do: Give her some reasonable sum till the issue is sorted out. Keep a record pof this and also state clearly that you are giving this only out of love and affection and not admitting any claim.

If she is asking for maintenance from the court, you have to reply that she is staying away without any reason and therefore you are not duty-bound to support her as she is not fulfilling her matrimonial obligations.

Koi mahila alag reh kar bhi kharche aura lag rehne ki jagah ki haqdaar ho sakto hai agar who jaayez karan se alag rehne lagi ho- jaise pati ki maarpeet, durachaar, wagayrah.

Aap chaahin to kuch kharcha de sakte hain jab tak aapke aapsi maamely sulajh jaayein. Haan, aap isska hissab zaroor rakhein aur saath hi yeh bhi spasht karein ki aap yeh sirf bhavatmak tareeke se de rahe hain, lekin aap usske claim ko maan nahin rahe.
Yadi ussne yeh maang court dwaara ki hai tho aap apne jawaab mein court ko bataayein ki who bina kissi kaaran kea lag reh rahi hai. Aise mein aapki koi zimmedari nahin banti kyonki woh apni daampatya zimmedaariyaan nahin nibha rahi.

I got married 6 months back. After marriage, I found out this was my husband's second marriage and he had not yet divorced his wife. Is my marriage valid?

If you are a Hindu, your marriage is not valid as under the Hindu Marriage Act 1955, a Hindu cannot marry while he has an existing spouse. If your husband and you want to continue the relationship, he should get a divorce as soon as possible and then you should remarry.

If you don't want to continue with the relationship, you can separate from him without any legal obligations towards him. You can file a suit to get your marriage declared void- this is not necessary, only a precaution. You can also file a civil suit for getting damages and compensation from him.

If you continue to live with him, you can also use the Protection of Women from Domestic Violence Act 2005, if required.

If you are a Christian, then too, your marriage is not valid.

If you are a Muslim, your marriage is valid and you will have the same rights as his first wife.

Agar aap Hindu ya Christian hain tho aapki shaadi jaayaz nahin hai aur kannon mein maani nahin jaayegi. Aapko apni hifaazat ke taur par shaadi ko adalat se radd ghoshit karwa lena chahiye. Par usske bina bhi aapki uss admi ki tarf koi zimmedari nahin banti Aap court mein dhokhe se hue nuksaan ke liye harzaana ka dawa bhi kar sakti hain.

Agar aap rishta rakhna chaahti hain, to who pehle talaq le, aur aap dono dubaara shaadi karo. Agar aap bina jaayaz shaadi ke saath usske saath rehti hain aur ghar basaati hain, to kuchh maamlon mein aapko Gharelu Hinsa se Mahilaaon ki Suraksha Adhiniyam 2005 mein suraksha mil sakti hai.

Agar aap Mussalman hain to aapki shaadi jaayaz hai aur aapko who sabhi haq milenge jo pehli biwi ke hain.

I have been in a turbulent marriage for the past 5 years and now want to divorce my husband. Can AKK help me?

If your husband is willing to come on the show, AKK can do pre-litigation mediation between the two of you. AKK is not a forum where you can get an actual divorce. That can happen only in a court of law. AKK can help you to:

1) understand your own real issues

2) identify your grievances against each other

3) consider the possibilities of a patch-up

4) understand the practical and legal aspects of your divorce proceedings.

Agar aapka pati show pe aaney ke liye manzoor ho, toh talaq ke pehle samjhaute ki koshish AKK mein ho sakt hai. Aisa karne se aapke ek doosre ke khilaaf mudde spasht honge, aapko apne talaq ke baare mein kanooni salah milegi. AKK mein talaq nahin ho sakta. Talaq sirf adalat mey mil sakta hai.

What are the duties of my second husband towards my child from my first marriage?

A child from a prior marriage does not automatically become a child of the second/other spouse upon remarriage. If you are a Hindu and if the child is a minor, the child can be taken in adoption by your husband. The conditions for adoption will have to be met. Otherwise your child will not have legal rights against your husband's or his family's property.

However, do remember that any person who has actual control and charge of any child is legally bound to look after his or her reasonable needs and treat the child well.

Doosra shaadi karne par, doosra pati ya doosri patni kaanooni taur par pita ya mata nahin ban jata. Agar aap Hindu hain aur bacha nabaalig hai (18 saal se chhota) toh aapka pati usse gode le sakta hai. Isske liye gode lene ke kaanoon ki shartein poori honi hogi. Nahin toh aapke doosre pati ya usski sampatti par bache ka koi kaanooni haq nahin hoga.

Haan, yeh yaad rakhein, ki bacha jiss bhi vyakti ke paas ho, usski dekh-rekh karna aur achha vyavahar karna uss vyakti ki kaanooni zimmedari hoti hai.

I am a 65 year old widow. Am I entitled to financial support from my son?

If you are unable to support yourself from your earnings or your property, you are entitled to ask for maintenance which includes financial support from your son if your son is over eighteen years old.

Children who are major are responsible to maintain their parents who are aged or infirm and unable to maintain themselves. Maintenance also includes provision for food, clothing, residence and medical attendance and treatment; Parents seeking maintenance have various options.

Recently the "Maintenance and Welfare of Parents and Senior Citizens Act, 2007" has been enacted. This Act is already in force in many states. Under this Act, the parent unable to maintain herself from her earnings or her property can move an application asking for maintenance from a child who is not a minor.

You can also seek maintenance by filing a complaint in the court of the concerned Magistrate under Sec 125 of the Criminal Procedure Code for maintenance.

If you are a Hindu, you can also file a petition under Sec 20 of the Hindu Adoption and Maintenance Act seeking maintenance from you son on the ground that you are aged or infirm and unable to maintain yourself.