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Illegal eviction by husband after 13 years of marriage
09-Feb-2023 (In Divorce Law)
My youngest daughter married a man before 13 years, When he was involved in extra marital relationship with a married woman. my daughter objected he is now insisting my daughter to quit from his residence along with her son aged 7 years. My question is whether he can do so without alimony and mentenance charge for he son ?
No he can't do so. He cannot ignore his wife and minor son. More so his wife's right to residence in her husband's house is absolute. No one can infringe this right. For detail please refer section 125 CrPc and the DV Act.
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Adv. Pradipta Nath
Durgapur | 200+ Answers
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He can not deny to provide maintenance to his wife and his son. wife may file application under section 125 crpc for herself and for her child. it is their right. the wife may file application for divorce and pray for one time alimony there.
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Adv. Sudip Mukherjee
Asansol | 50+ Answers
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if your daughter has a valid marriage with the man then he cannot ask her to leave. he has to give proper maintenance to your daughter and her son. in case their marriage happened during subsistence of his previous marriage even then your daughter's son is entitled for maintenance and your daughter has some limited rights as well. This needs detailed discussion if you wish to
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Adv. Anath Bandhu Maitra
Kolkata | 50+ Answers
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