Seeking a divorce, connected issues

adarshbuilding (Querist) 07 September 2013 This query is : Resolved
Learned Gentlemen,

I'm seeking this advise on behalf of a good friend. The situation is as under:
1. M and W were married 14 years ago.
2. They were not interested in children, but a daughter came, through not by planning. On pregnancy W insisted on retaining.
3. Since then they have been living just as Co-inhabitants of the house.
4. W's behaviour has resulted in M's mother, a widow, leaving the house and living in an Ashram.
5. M is aggrieved which is reflecting in his work. Though a top B School grad, he is hardly making money to survive.
6. W is a government official, highly paid.
7. The house in which they stay is M's, purchased out proceeds of ancestral property and personal income.
8. W is not interested in separation as it suits her image as a senior married government official. She has a place to stay.
Advise matter
1. What is the way ahead?
2. What are the legal provisions for property? Does W have a right? Would M have to sell it off, even when W is entitled to government accommodation?
3. What are the rights of M for his daughter?

Please advise,
Regards

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ajay sethi (Expert) 07 September 2013
IF WIFE IS NOT INTERESTED IN DIVORCE IT WOULD BE A LONG DRAWN AFFAIR . BETTER VISIT A MARRIAGE COUNSELLOR .

WIFE HAS RIGHT TO STAY IN SHARED HOUSEHOLD . SHE DOES NOT HAVE OWNERSHIP RIGHTS ON SAID PROPERTY

THE CUSTODY OF DAUGHTER WOULD GENERALLY BE GIVEN TO MOTHER . HUSBAND CAN HAVE VISITATION RIGHTS . WISHES OF DAUGHTER WOULD BE TAKEN INTO ACCOUNT . WELFARE OF CHILD IS THE PARAMOUNT CONSIDERATION

Dr. Jyothi Vishwanath (Expert) 07 September 2013
Age of the child not specified. Court may also give her custody to mother as she is well employed. Sit and talk clear to your wife. What she needs. Why killing time when life is so short.

Rajendra K Goyal (Expert) 07 September 2013
Amicable settlement can be tried with the help of common friends or relatives. Help of marriage Councillor can be taken.