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Discussion > Family Law > Others > Right of husband in wife's property and her monthly income   Unanswered Threads Post New Topic

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There are 14 Replies to this message


Vikas K. C.


Consultant
[ Scorecard : 341]
Posted On 21 August 2009 at 15:06 Report Abuse

Wife always claims share in husband's prperty and his income.

What is the right of husband regarding his wife property and her monthly income?



Member (Account Deleted)


[ Scorecard : 54]
Posted On 21 August 2009 at 17:46 Report Abuse

even i wanna know.


Kamal Grover


Advocate High Court, Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com
[ Scorecard : 2071]
Posted On 21 August 2009 at 18:13 Report Abuse

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.

Regards

adv.kamal.grover@gmail.com

Advocate

M:09814110005

CHANDIGARH (INDIA)

We also have branches all over India.

With Regards


Vikas K. C.


Consultant
[ Scorecard : 341]
Posted On 21 August 2009 at 21:14 Report Abuse

Is this gender descrimination. if wife is strong , why cant she take care of his husband?

Then what  is the law of gender equality.


ragupathy


advocate
[ Scorecard : 22]
Posted On 21 August 2009 at 21:42 Report Abuse

three things should be take into account

1. what is the remedy for the husband if he has no means to lead his life ?

2. if the equal rights for both the genders shall have to be established,in which way this kind of problem would be solved?

3. in the present trend of claiming every thing as a right in regard with the husband's property, is it fair to continue to be partial?


Kamal Grover


Advocate High Court, Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com
[ Scorecard : 2071]
Posted On 22 August 2009 at 09:04 Report Abuse

Husband has right under section 9 of HMA. but usually people do not use it due to execution problem.


SANDEEP GOYAL


Lawyer
[ Scorecard : 202]
Posted On 22 August 2009 at 11:28 Report Abuse

I am fully agreed agreed with Mr. Grover's views.


Deekshitulu.V.S.R


B.Sc, B.L
[ Scorecard : 908]
Posted On 23 August 2009 at 15:26 Report Abuse

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.


Dsingh


Tech Sr
[ Scorecard : 80]
Posted On 12 October 2009 at 21:44 Report Abuse

  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 


debasish


Business
[ Scorecard : 46]
Posted On 15 October 2009 at 01:44 Report Abuse

I would like to know from lawyers---

1. what is the procedure in FAMILY COURT?

2. RCR OR DIVORCE CASE -- WHICH ONE IS THE BEST OPTION FOR THE HUSBAND WHEN HIS EARNING WIFE HAS DESSERTED HIM FOR 22 MONTHS ALONG WITH THE CHILD AND DID NOT MAKE ANY COMMUNICATION?

3. THE WIFE IS NOT READY TO COME TO NEGOTIATION TABLE EVEN AFTER REPEATED REQUEST . WHAT IS TO BE DONE? SHE ALONG WITH HER PARENTS  ARE NEITHER INTERESTED FOR RECONCILIATION NOR READY FOR DIVORCE?



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