Right of husband in wife's property and her monthly income

even i wanna know.

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.

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

Then what  is the law of gender equality.

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?

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

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

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 

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?

Sh Debasish,

Que. u should ask in this case are as follows;

1. What did the husband do to meet wife and child. Evidence?

2. What did the husband do to upkeep wife and child?

3. Even if no demand of money is there is it not the husband liability to look after his legitimate child?

4. If wife is workign and has finances then also it is not right to invoke S. 9 RCR under HMA The Act if both are Hindus?

5. Even if Execution via ex party Decree secured is it not the husband will to convert now the Decree into Divorce and simultaneously seek for custody of child?
Some que. think deep and answers u have to the presented situation.

Off the records kindly also think: In today's double income couple with single kid scenarios it is not heard that young husband and wife will come to negotiation table it is only via Court mediation they are meant to come and settle their differencs.

Rgds.
D. Arun Kumar, New Delhi

Can someone let me know a good ground for filling divorce mutually, I can't write temperamental issues as it can hurt me in future.

Thanks

Also does it make difference who the petitioner no 1  is? I mean my ex wife out of the negotiation want her name to be put as petitioner no 1. in the mutual divorce suit if we file.

Sir,

1. Firstly, I wish to know what rights does a husband have on wife's property inherited from her father (self acquired) ? 

2. Secondly, suppose the wife dies without executing a will, can the husband claim such property and have it transfered in his name, or will their children get the property by right of inheritence of meternal propertry ?

3. Thirdly, After how many generations does a property inherited become 'JADDI?'