Can divorce wife claim on husband property
Ajay Kumar Reddy
(Querist) 10 June 2012
This query is : Resolved
Respected Sir,
My enquiry on the matter of new rules I read in paper that Divorced wife can claim on the Husband property. I have given divorce my wife on the basis of cruelty from Family court on April 2010. This case is decided on the merit basis. I got divorce from my wife. Again she has gone to the High Court, Chhattisgarh. I won also that case on August 2010. Family court has given the legal charge Rs. 2000/- to me. Family court and High court has not given any alimony to her. She is working in good institute and she is getting nearly Rs. 25,000/-. I am giving the maintenance to my children which are also decided on the merit basis. Now this time I got married with another girl just now. So my quarries is following:-
1. Weather my divorce wife can claim on my house or my children can claim my property.
2. What are the steps I can take that I will not lose my property.
3. Weather she will get alimony, at this time she is working?
Regards,
Ajay Reddy
ajay sethi
(Expert) 10 June 2012
the draft amendments have not yet been passed by Parliament . dont panic now .
Adv. Chandrasekhar
(Expert) 10 June 2012
the newspaper cutting is not applicable in your case.
1. Your wife cannot claim property rights. If it is ancestral property, the children of divorced wife can claim their rights as legal heirs. If it is your self acquired property, you can enjoy it as you like in your life time and leave a will bequeathing the property as you like.
2. As suggested above.
3. After divorce, wife has got a right to move an application for permanent alimony. If she already applied for it and rejected, she cannot claim. If she has not filed such an application, she can file it.
SAINATH DEVALLA
(Expert) 11 June 2012
Transferring of property in somebody's name in order to avoid claim by first wife,may have to be ratified by your second wife.Think twice before you leap.Don't bother about the new amemdment right now,breath fresh air till the act is passed.But the amendment is not applicable for pending or disposed cases.
K.K.Ganguly
(Expert) 11 June 2012
The amendment will not be with retrospective effect. Hence, relax and enjoy your newly married life.
Shonee Kapoor
(Expert) 20 June 2012
Once more as of now she has no rights.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com