What are the rights of woman if her husband divorces her?

My dad is having an extra marital affair, and threatens my mom that he will not look after her or me and my siblings which is very concerning as he is the sole bread winner in the family. My mother also went through an episode of depression due to the same but he still continues to threaten her. What is the best possible way to tackle this situation also can the person with whom he is having the affair claim his property?? What will be rights of my mother in case of a divorce?

2 Answers
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Ayantika Mondal
Advocate Ayantika Mondal Answered: 02 Dec 2024

In your case, your mother can claim divorce based on her husband's extramarital affair as a case of mental cruelty. She must collect evidence about threats from him and his infidelity. About the properties, if it is your father's self-acquired property, he can distribute it the way he likes it; however, at the time of divorce, your mother will have the right to get some part of the marital assets. She is entitled to maintenance and alimony, ensuring financial support post-divorce. Consulting a family law attorney will provide tailored legal advice and support throughout the process.

Admin
Advocate By LEAD INDIA Answered: 02 Nov 2024

Ma'am, the person with whom your father is having an affair generally does not have legal rights to your father's property and your mother can file a petition of divorce on the ground of adultery. It is advised to consult an expert lawyer who will assist you regarding the rights of your mother. For further legal assistance contact us on our helpline number.
 

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