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pushpa (sr. level)     19 August 2015

Divorce

my sister was married in 1981 . after 24 years of marrige ,he found that his husband was having extramarital affair . she is having two children .  she is working in a govt psu and managing all home expenditure from her salarty. when this affair arose , she opposed it. the family members of the husband supported him n he started living seperately in another house. my sister brought up both the children ,educated them n now both r working. daughter is married. she took many loans for their study, marriage and now for reconstruction  of house(approx. 45 lakh). both husband and wife r living seperately since 2006. there r two houses . one is in both name where she is living with children. in another house , he is living alone. the girl whom he had extra marital affair has got married now n lives in her sasuraal. 

 

               question is that, now she wants to take divorce from him. she has completed all responsibilities towards her children. please suggest and advice that how the property will be distributed and maintenance as she is a working lady. what should she do now.



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 2 Replies

prabhakar advocate (advocate)     19 August 2015

There are two methods for her to get divorce. First method is to talk with her husband and if he also agrees for divorce, then file mutual consent divorce case and just after six months of filing the case, she will get divorce. About properties, that also they can mutually discuss and distribute between themselves voluntarily. If such a mutual understanding is not possible, then she has to file a contested divorce case on the ground of cruelty and desertion. After she gets divorce, then she has to file application under Section 25 of Hindu Marriage Act for permanent alimony and taking into consideration of the whole properties, the amounts incurred by the wife through out to raise and look after the children, the court will grant her permanent alimony. The house which is in joint name, will be partitioned equally, if she desires. If the other house is in his name, the court will appropirately compensate her in lieu of her right in the property. Prabhakar -Advocate (M) 9958670740 Legal Aid Panel -Central Delhi (Tis Hazari)

pushpa (sr. level)     23 August 2015

Thanx Prabhakar ji. if required , i will call u

 

 


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