Can my beautiful cruel wife claim my shelter?


My wife is separated since May 2013. Till date she only went to a private mediation center. No any other case is filed yet from both the side. I have one flat on my name which I was bought before marriage and that money was given to me by my mother. If she go for divorce now can she claim home. That’s the only property I have. We have one boy and he is with her. Can she claim that property? How can I save it? Can I transfer it to my mother’s name? It will cost me approx. 7 lac rupees. Please help.

I discussed this with my lawyers sadly they took huge consultations fee but no accurate answer.

Following are the inputs by lawyers :

  1. No need to do anything wife cannot claim anything which is bought before marriage.
  2. It is too early. Let’s see what she is up to. Go for mediation.
  3. Transfer it to your mother name, this ways if she will come back and misbehave to your parents. They can throw her out.
  4. Transfer it now before she file any case.

These all answers really confuse me to do anything. I don’t know how people who have 10-15 properties manage such situations. I only have one and I am so worried.

 
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Bangalore

She cant simply claim your property unless until there is huge backlog of unpaid alimony (court orders alimony and you dont pay for 3 years, it piles up into lacs).

She directly cant claim share in your property.  Your son in the future can claim.

Other thing is, if you want to transfer the property to your mums name, do it now as no litigtoin process has started yet.

 

My advice would be that, since she has not done anything like filing some false case, you can give it a try as kid is involved, you both might have ego issues, but why make kid suffer for your ego problems?

Many people dont have kids, you  have kid and family also, adjust with each other for sake of kid.

 

But transfer all money, property to your mums name, whether you continue with relationship or not.

 
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Thank you!!

Can you also guide me, when you say she can't claim directly then why you suggested to transfer it to my mother’s name. What are the benefits?

 

 
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In the eye of wife and in-laws husband is always cruel. And when I approach for mediation center they say forget everything and accept her. I am fine with that also. But can anyone ensure she will behave properly she will be not cruel? What I learnt in whole process it is husband who have to sacrifice.

 
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Dear Shobit,

Its true that you should give your relationship a another try.  It is good gesture from your wife that she have not filed any case on you or your family. 

It is true that wife cannot claim property but she can claim right to reside and because house is in your name it may go in her favour. 

Your strategy should be give your marriage a another chance by moving to rented accommodation with your wife. Let your mother live in your house and if your mother already have alternate house you can give your house on rent.

 
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Thanks Sidharth!!

So you mean no transfer of property? It is good if I can avoid because it will cost me dam 7lac rupees. But I am really confuse. My lawyer suggested me high court mediation where we will gonna sign at the end on agreement. In which I can put in my scary areas and likewise she also. Which I am ready also. But let’s see whether she agree or not.

 
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Meditation is mediation doesn't matter in HC or district court.

Why to tell opposite party your drawback or week points never do that. 

Be simple 

Reside in rented accommodation with your wife and child

 
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Mrs. Renuka Chaudhury & Sidharth thanks for the reply.

What is your advice? Yes i am going for a mediation but i do not trust my wife.So what to do with home? Can i keep it on my name or transfer is the best way? 

Regards

 
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I still stick to my previous advised. 

 
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