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saggy   21 October 2016

To save property from divorce

Hi.. I got married 8th Noc 2015. I am a BE graduate working in Bangalore getting 60 thousand salary. My wife also BE graduate in 2014 output But noe working. She is avaoiding to stay with my Mom. so i take her to Bangalore she started to stay with me 15 days in Bangalore 3 months in her Father house . She dont want to continue relation with me. Once she tried to suicide also because of their parents forced her to stay with me. Now she is staying with their parent house last 3 months. Now my father in law saying he will give complaint against me like Dowry harrasement and Domestice violence. I have property on only my name 3 sites and one building ( Building is transfered on mymom, brother and myself after my father expired). Please tell me if my applied divorce how much she will get Property. Suggest me how to save property and much salary will be shared. My wife Parents are rich and well settled family but


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 8 Replies


(Guest)
Consult lawyer locally.

Sachin (N.A)     21 October 2016

Dear saggy,

Women cannot ask for share in property and can only claim maintenaince , however, she can claim the " Right to reside " in sharedhouse or in the house which is in your name but same can be rejected and only rent against right to reside along with maintenaince can be given.

 

As you asked how much maintenaince she can get , court gernally grant 1/3 of in hand income but you need to handle maintenance issue very carefully. There are various grounds on which maintenaince can be denied.

 

Anish   21 October 2016

Agree with mr. Sachin According to latest supreme court judgment if wife forces husband to live away from old age parents, it is considered as a part of cruelty and on this ground of cruelty you can deny giving her maintainance. Adv Anish 9953783232

Kumar Doab (FIN)     21 October 2016

You may go thru:

https://www.lawyersclubindia.com/articles/Son-can-divorce-wife-if-she-tries-to-separate-him-from-aged-parents-7590.asp

Kumar Doab (FIN)     21 October 2016

The inherited property get the status of self acquired.

You can sell/mortgage/bequeath/gift/release/relinquish etc etc...............

 

Wife has NO forced share in husband's self acquired/ancestral property.

Wife is not coparcener in ancestral property.

 

Try to get her employed and settle down and attain financial statbility.

 

Kumar Doab (FIN)     21 October 2016

You have not posted 'Why your wife does not want to stay with you'?

 

Kumar Doab (FIN)     21 October 2016

Generate irrefutable evidence of all threats,demands etc etc!

 

Preferably get in touch with a very able counsel specializing in such/family matters.

A walk alone (-)     22 October 2016

First start recording when they threats you. It can be a evidence if she file any case against you. As she is btech chances of her getting maintenance is less. You can say in court being btech why she is seating idle in home? She can find work. You can show her professional degree. Transfer your property to your mother. She has no right on your mother property

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