Marriage is a sacred bond between two individuals, and it is an institution that holds immense significance in society. However, sometimes the sanctity of this bond is tampered with, when one individual decides to abandon their spouse for someone else. This situation is extremely painful for the spouse who is left behind and can have long-lasting effects.
Hence, it becomes essential to understand the rights of a wife left behind by her husband for another lady, and what course of action she can take to alleviate her troubles.
The first and foremost right of a wife who has been abandoned by her husband is to claim alimony or spousal support. Alimony is a financial support system that is awarded by the court and is paid by the spouse who has a higher earning capacity. The wife can claim alimony as long as she does not remarry or has an independent source of income. This support can help the wife to lead a decent life and help her pay for all her day-to-day expenses. It is a way to compensate for the loss of income that the wife had to bear due to her husband’s abandonment.
Besides alimony, the wife left behind is entitled to claim maintenance, which covers her living expenses and necessities like food, clothing, and shelter. If the husband denies maintenance and refuses to support her, she can approach the court and seek justice. The court will take into consideration the financial status of both parties and come up with a suitable amount for maintenance.
In case of a dispute over the property or assets acquired during the marriage, the wife left behind can claim her share of the property. The property or assets acquired during the marriage are considered joint property, and both spouses have equal rights over them. Hence, the wife left behind can approach the court and seek a division of the property. The court will take into account the contributions of both partners, and the final division is done accordingly.
If the spouse who has abandoned the wife for another lady has also abandoned any children, the wife left behind has the right to seek custody of the children. She can take full custody of the children or seek joint custody, depending on the circumstances. The court takes into account the welfare of the children and decides on their custody. Additionally, the husband is bound to pay for the child’s maintenance and education until they reach the age of maturity or until they can support themselves.
Another right of the wife left behind is to file for annulment. If the husband has abandoned her for another lady and shows no sign of returning to her, she can file for that. She can also file for legal separation on the grounds of cruelty, desertion, or adultery. The wife can approach the court and seek a separation decree, which will validate her right to end the marriage.
The wife left behind also has the right to claim compensation for the pain and suffering caused by her husband’s abandonment. This compensation is awarded to the wife for the physical, emotional, and mental trauma that she has had to undergo. The court takes into account the degree of suffering and awards adequate compensation to the wife.
The abandoned wife also has the right to move on with her life. In other countries, she has the full right to remarry and lead a happy life. Remarriage will not affect her right to alimony and maintenance, and the husband will still be bound to support her. Moreover, if the wife remarries, she can get custody of the children from her previous marriage and raise them with her new partner.
Yes, the wife left behind by her husband for another lady has various legal rights, and the law, fortunately, has provisions to protect her interests and secure her future. It is then imperative for the wife to know and understand her legal rights and take the necessary steps to secure them.