Husband is having an affair & now planning to leave me & my children Husband is having an affair & now planning to leave me & my children

2 years ago

I confronted my husband (62 yrs) about living with another woman. He says his happiness is with the other woman. Now he's planning to desert me (56 yrs), my son (28 yrs) & my married daughter (33 yrs). All he has on his name now is a 200 sft plot (worth as of now 13 lakhs). Since, he made up his mind to go & live with the other woman, how should I fight for my rights & my children's rights (atleast get some financial security)?

Ankur Goel @ Complete Law Shield

Responded 2 years ago

A.First, son and daughter can not claim any maintenance.

if its his self earned plot then he can do anything with it.
But you can file DV case to claim maintenance+residence+penalty.
You can ask court for order so he can not sell the plot without paying your maintenance.
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Abhimanyu Shandilya

Responded 2 years ago

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A.File a case of bigamy against him and also initiate a case of maintenance. These two cases will teach him a lesson to bring him down. later on initiate a third case of restitution of conjugal rights also to nail him down.
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Sidhaarth

Responded 2 years ago

A.You and your children donot have any right in the self acquired properties of your husband. Utmost you are entitled to maintenance including residence. Since your children too are major and they are not entitled to claim any share in the self acquired property of husband.
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Anik

Responded 2 years ago

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A.Hi,
You can proceed to file a suit for divorce first u/S 13 of the HMA. If the family court finds that your husband has sufficient means then he shall be liable to pay maintenance as per S.25 of HMA.
If you found my answer helpful then kindly rate me.
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Ayantika Mondal @ Prime Legal

Responded 2 years ago

A.Hi,
If your husband has sufficient means then he shall be liable to pay you maintenance. You can approach the family court and file a suit u/S 25 of the HMA for maintenance and if the case is befitting the court shall mandate your husband to pay you alimony.
If you found my answer helpful then kindly rate me.
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