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How my mother can get divorce from my father and claim property
07-Jul-2023 (In Family Law)
My Father is living with second familly and they both had one child too. That lady is a government employee.We got to know about this affair few months back only. My father had losses in business and he is dependent on that lady but he had one property which was in bank. My mother also had one property from that we were earning Rs. 8000/- per month and with that amount my mother ,I,my brother and grandma were surviving. 1. In how days my mother can get divorce from him? 2. Can she get any alimony? Is there any problem of having property on her name?
Hi
Yes your mother can get divorce from your father on the grounds of adultery.
The divorce proceedings might take about 8-12 months assuming you can get the proof of the child being born to your father and the other lady.
Your mother is entitled to get alimony and also a share of your father's properties.
There is no problem if the properties are in the name of your mother.
Only the property in the name of your father is vulnerable as the son born to your father and the other lady can claim a share of your father's property.
Yes your mother can get divorce from your father on the grounds of adultery.
The divorce proceedings might take about 8-12 months assuming you can get the proof of the child being born to your father and the other lady.
Your mother is entitled to get alimony and also a share of your father's properties.
There is no problem if the properties are in the name of your mother.
Only the property in the name of your father is vulnerable as the son born to your father and the other lady can claim a share of your father's property.
Helpful?
Adv. Rajagopalan
Hyderabad | 500+ Answers
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Dear Sir,
1. Contested divorce process can take about 2-3 years depending upon the court, pendency of cases in the court etc. The exact time frame of completion of the case cannot be predicted beforehand. You can ask your father and mother to file mutual consent divorce which will be over by 6 months of time.
2. Yes. Your mother can get alimony and claim property rights also since she is the legally wedded wife of your father.
3. No. She will have property rights in your father's property even she has property on her own name.
All the above stated is process of law. The process of contesting the case and getting alimony or share in your father's property will depend on how well your mother represents herself in the court. Engage a lawyer and seek his advice.
1. Contested divorce process can take about 2-3 years depending upon the court, pendency of cases in the court etc. The exact time frame of completion of the case cannot be predicted beforehand. You can ask your father and mother to file mutual consent divorce which will be over by 6 months of time.
2. Yes. Your mother can get alimony and claim property rights also since she is the legally wedded wife of your father.
3. No. She will have property rights in your father's property even she has property on her own name.
All the above stated is process of law. The process of contesting the case and getting alimony or share in your father's property will depend on how well your mother represents herself in the court. Engage a lawyer and seek his advice.
Helpful?
Adv. B. Srikiran
Hyderabad | 500+ Answers
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If it is mutual divorce after six months of the First motion applied in the court. Does you mother really seeking divorcee? Since how long your father not coming to your home? Minimum one year the couple should stay separately for mutual divorce. If contested divorce then it it takes 4 to 5 years. (Some times).
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Adv. Sanjeevi Krishna Rao
Visakhapatnam | 200+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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