Advocate High Court, Chandigarh M:09814110005 email:firstname.lastname@example.org
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Posted On 21 August 2009 at 18:13
Usually it is the responsibility of the husband to maintain his wife and children, but as per law, there is a provision that even husband can calim maintenance if he is uncapable or is not in a situation to maintain himself and wife is in a strong foot. but court usually did not consider this situation until, husaband is diable or is unable to earn due to circumstances. But Law is silent on property rights by husband.
Every body is missing the bus. In fact the wife has a right to maintenance. She does not have a right to calim any share in the property of the husband. Similarly the husband cannot claim a share in the property of the wife or her income. There should be a comatibility. However in somecircumstances the husband can also claim maintenance form the wife also.
In a decision rendered by A.P.High Court, it was said that as soon as the husband ties tali in the neck of the wif, she automatically gets a charge over all the properties of her husband for her maintenance etc. The necessary conclusionis that if the husband sells any rpoerty it is always subject to the rights of the wife. There will be cruckedhusbands who may use this weapon of the wife to their advantage.
Well, in my opinion, if you can prove that those properties were aquire during the marriage and somehow husband contributed to those assets then it should not be an issue to get money from the wife.
I have seen most lawyers in India to be lazy and they just go to the court for the sake of it, same is with the judge also. You really have to be firm with your lawyers and judge. It might go against you in some cases but in my case, i was able to make judge reconcider the issues and also when i am present he tries to listen to all the facts. Which is somewhat in my favour and i have seen my wife lawyer standing and stammering most of the times, because is unprepared.
Please, don't sit at home and leave everything at the lawyers hand, go do some research and there is a society (498a.org) check that out talk to different people and you will get some answers, if your plight are unheard then take help of news channels, tell them your case and make some reporters ( even if they are from some jumria talya and unknown paper) present in the courtroom, it puts pressure