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3 years ago

My father Government Servant ,has many extra marital affairs with his colleagues ,recent one got public and caught him red handed with other women , as our home is on my father's name but even my mother put alot of money building the house , he tourched my mother, my brother and me alot after some elders came to talk he said he don't want stay with us but if we want to stay in house he will sell us, so my mother paid him money and he signed property transfer agreement and he left home now after two month he came back and telling it's his home we forced him to sign the paper. And now he sent my mother divorce notice. What should we do we don't have much money and we have no support anybody. What should we do ?

Ayantika Mondal @ Prime Legal

Responded 3 years ago

A.Hai,
Your mother can enter into a seperation agreement with your father. Divide the property according to your terms and trnsfer the title of the house in your mothers name. If you find this helpful, please rate us.
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Anik

Responded 3 years ago

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A.Hai,
As your father has sent a divorce notice, you will be granted a divorce citing the grounds of adultery and cruelty. Your mother can enter into a separation agreement with your father. The clause on the division of property in a separation agreement divides the personal property of the parties that have not already been divided between them. This includes a wide range of things. Properties, both movable (vehicle, jewelry, etc.) and immovable property such as a house. Thus the transfer of title of the ownership of the house will be vested in your mother. If you find this helpful, please rate us.
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Abhishek Dobhal

Responded 3 years ago

A.First of all, file a case of maintenance section 125 from your mother's side and along with it a case of domestic violence and dowry, and if your mother has invested money to build a house, then she has the same right as that house. That of your father. As many brothers and sisters as you are, your mother can also take maintenance to live in that house. Do not sign divorce documents sent by your father. File a Section 125 case in the Family Court and insert Section 498 A in the Sessions Court. But you will have to give the complaint of the case which is put in the session court to the women's commission or the nearest police station. After that you can file a case in court
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Shashank Bhardwaz

Responded 3 years ago

A.You have to file domestic violence case in district court against him and also have to file an application u/s. 125 of CRPC for maintenance in family court.
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Advocate Niyas Fazal A

Responded 3 years ago

A.Contest the divorce case.
File petition for getting protection order before magistrate court.
File maintenance case.
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