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Hariom (job)     17 July 2014

Wife asking share in father land inherit property.

Hello,


Marriage was done on 7 June 2012. Wife left home on 13 July 2012. We have done many meetings but every time she create drama and do not return to home. on 13 July 2012 she had admitted hospital. We had small fight on 12 July 2012. She had taken slipping pills and admitted to hospital. I am 300km away at that time. I am doing job in another city.


After so many affort from our side she is not ready to give divorce neither join to me. She had written 10 pages about me. All bad things like I am dirty person, I raped her, etc etc.....

 

Now we have directly asked for divorce but they are asking for Half property.

 

My father have land. this property comes from grand father. they are asking half share in this. I have one brother. Land still on my father name. I have heard that  now wife can get half property. If I am go for divorce by lawyer then How much Should I give her ?

 

She is working and earning 32000 on paper salary. She is professor but after giving 32000 salary colleage take back 17000.. (As per government rule they should get 32000 but colleage take 17000 back on second day by auto debit) So she get 15000 per month. Which salary should consider if I go for court ?

 

We have no child.

 

I am earning 34000 per month.

 

How much should I pay if I go for court ? It is ok to file divorce in court ?

 

One home on my name which I have taken from Loan and still paying for Loan.

 

Should she get share in land which is my father inherit property ?

 

Also they are not ready for divorce and the person they are I am sure they sit ideally if I fill divorce in court. Which is best and fast way to get divorce ?

 



Learning

 7 Replies

Adv Archana Deshmukh (Practicing Advocate)     17 July 2014

Officially your wife is earning at par with you so, she is not entitled to get maintainance. However, in case of MCD, it is the mutual settlement between the parties to go for divorce with or without alimony and you can decide to settle upon any amount you wish. MCD will be a better option as it would end the matter in 6 months. If you go for contested then, you will need to prove the grounds and the decision of the case  is a matter of merit in the evidence led in the case.

Laxmi Kant Joshi (Advocate )     17 July 2014

As she is a well educated lady and she is earning a handsome salary hence court will not grant her any maintenance, don't worry she has no right over your father's self earned or ancestral property nor she has right over your self owned or ancestral property during your life time , if she is not ready for mutual consent divorce then file contested divorce in the family court.

Hariom (job)     19 July 2014

Hello,


Thanks a lot for your reply.


I have one more question.

They believe in to drag case and make delay as much as possible. Because my wife do not want to marriage now and also try I will not make marriage,

What is the best way to process in this case ? I contact the lawyer but he told me case may go to 2-3 years depend on reply from opposite party.

I am sure they will not attend court. and try to drag case as much as possible.

Hariom (job)     20 July 2014

Hello,

 

Please provide your valuable input.

 

If wife and her parents in the favour of drag the case then what is the best way to get the divorce ? for mutual contest they are asking for half land which is not feasible.

 

She is not ready to join me.. I am planning to write some love letter to her that come home bla bla.. Is this letters make any help in divorce ? One my friend told this.. Also they sit ideal may be because of this type of letter they make some movement.

 

gautam (not disclosed)     20 July 2014

Legally, you have two options

a) File for RCR

This may go on for 2-3 yrs in the lower court and if judgement in your favor and she does not join you, you will get divorce easily

b) File for Divorce

You can file divorce on grounds of desertion & Mental cruelty. She may counter attack with false 498A & Domestic Violence case. if contested and she goes to higher courts, this may taken up to 7 years for divorce to come through


She does not have any rights to inherited property as per existing laws, IRBM law which is under consideration can allow share in inherited property.

Why college is taking part of her salary back, is it some loan she has taken from college? if no concrete answers, you can oppose her maintenance plea (if she files for maintenance) stating her income as 34000/-.  Your home loan will be considered your liability and will be in your favour when deciding maintenance amount.

I don't think the courts will grant any maintenance.

Hariom (job)     24 July 2014

Hello,

 

Please suggest me what is fast way to get divorce?

I have contacted three top lawyer and they told me that it take time. It is depend on opposite party response. But I am sure they are not give proper response. They mostly want to drag case as much as possible.
 

Please suggest me good way.

gautam (not disclosed)     24 July 2014

There is no fast way to get divorce, it is going to take time, and after running after courts, generally the person starts to accept reality and go for compromise in terms of realistic settlement amount and close the case.  by that time, the lawyers have made their money.


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