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Mother having extra- marital affair and harassing family. What to do?


26-Feb-2023 (In Family Law)
my father had his house in bhayander which he sold and from that money and the money that my maternal grandfather gave him brought a house in the name of my mother for sake of love and affection, the payment demand drafts were in the name of my mother, but she didnt earn at that time, now my mother has an extramarrital affair, and wants to sell the house and kick my father out of the house, what can we do to survive, whole family is in my father's support and we have video and audio proof that she physically abuses my father, , my father even took loan of 7 lacs so that she can settle a beautily parlour, but now she is harassing us, what can we do? please help!
Answers (5)

Answer #1
722 votes
Your father should seek legal opinion with complete facts and documents to get proper advise. Your question is she is harassing us , US is who all? how old are you? any other sibling? what kind of relief are you looking for? For phydical harassment against your father he can file NC at the nearest police station.

Answer #2
856 votes
You shuold file a suit against your mother for no third party right creation and all with recording proof your should approach to your nearest police station for FIR registration under adultery and other applicable IPC sections
Answer #3
571 votes
your case seems to be very difficult to plead ,as per extramarital affairs very difficult to prove, if success gets in it,it will be added advantage for her as she will be be benefited by it.in first problem when they purchased flat at that time being husband and wife your father is applicable for half share in that property, now your mother earns by way of parlour then father has right of maintenance from her as section 125 of crpc,u can file case against her as harassment.
Answer #4
928 votes
Dear client,
Folloing are the suggesstions of your query.
1. Your father has to file a written police complaint against your mother and his boyfrind and mention all facts in detail along with evidence.
2. Get FIR registered on that complaint.
3. On the basis of police complaint and other proofs prrtaining to extramarital affair of your mother,:file a civil suit and get stay on the said flat so your mother cam not sale the flat and also get relief not to vacat you and your father from the said flat.
5. Comply all the suggestions immediately to get safe at the hands of you mother.
Answer #5
625 votes
Hello,
You can file for a case of divorce on the bases of cruelty. We can show to the court that money from transfered and given to your mother and now she is having affair outside marriage. Even if she wants to sell the house do not leave the premises.
If the family doe not leave the premises she will not be able to sell the house.

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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