Family matters
3 years ago
My dad is trying to nominating his assest, property, etc to her daughter except to wife n other siblings, and not also paying attention in home matters but giving some money to wife to spend on my mothers expenses but not doing any physical support, so my mother wants a divorce so to get a share of his property including childrens, so how should my mother file a divorce case against her husband and after divorce will she get a share from property its been 34 yr since married, my mom gave all support to my father in this time to manage house to children and now her husband is doing cheating and nominating his property to second daughter.
Ayantika Mondal @ Prime Legal
Responded 3 years ago
Yes, a divorce petition can be filed by your mother against your father. Alimony and maintenance can be claimed by your mother and the court at its own discretion will give her the share in the property. Thank you
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Your mother can file a suit for mutual consent divorce if your father agrees to the same. She'll get maintenance and the alimony from her husband which the court will decide. Since all the children will be his legal heirs, the property will entitle to be shared between all the children equally; if he does not make any will in the future.
The alimony amount is decided by the court so whether your mother will get the share in the property or not is based on the discretion of the court.
Thank You
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