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Maintance of a wife without divorce


17-Jan-2024 (In Family Law)
My father left home after retirement and live in village. He left my mother and doesn't want to live with her. He does not provide any money to her. We heard from relatives that he regularly visits some other women outside his house and gambles daily. My father has 4 house. 2 in his name and 1. is ancestral and 1 is in my mother name where we live. Now he wants to take all house. Please suggest what can be done in this situation. What rights my mother can get.
Answers (5)

Answer #1
588 votes
Your mother has right to seek maintenance from your father at the outset. Thereafter seeking share in the property would be next legal recourse. However if there is any threat then we can immediately take stay over all the property so that he cannot sell them. In ancestral property you can even claim your share alongwith your mother. For any detailed discussion feel free to contact. Thanks
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Advocate Bhawana Pandey

Adv. Bhawana Pandey

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Answer #2
836 votes
An application for maintenance should be filed. The said application will pray to the Court directing your father to pay for her monthly expenses and also your expenses (if you are not married). With regards to a house in your mother's name, he cannot take possession of ownership of the house. You can seek protection by moving an application before the Court.
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Advocate Abdullah Akhtar

Adv. Abdullah Akhtar

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Answer #3
734 votes
your mother has every right to get maintenance under section 125 of CrPC,1973 & Section 12 of Domestic Violence Act, 2005. You need not worry about the fact that your father lives in village, further your mother could stake her claim through concept of 'shared household'
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Advocate Ashutosh Kumar Mishra

Adv. Ashutosh Kumar Mishra

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Answer #4
761 votes
We need more information on your case to evaluate things from legal point of view. You need to hire an expert advocate in this case, kindly be in touch to discuss and to understand the legalities in this regard. Thanks.
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Advocate D. Khan

Adv. D. Khan

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Answer #5
634 votes
your mother can claim maintenance from your father. your father cannot take house that belongs to your mother. you can also claim your share in ancestral property of your father. your mother can also file for divorce on grounds of cruelty, adultery and desertion. She can then claim alimony and a share in your father's assets.
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Advocate Kunal Seth

Adv. Kunal Seth

LawRatoDelhi | 700+ 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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