Fate of self acquired property on divorce

Your wife cannot claim any share in your property neither for herself nor for the kid in the divorce proceedings. She can claim maintainance only.

No during divorce, the court can not ask you to part with your property.

However this property would bear merit while deciding permanent alimony.

@ Adv Archana & Shonee Kapoor

Thanks for your comments.

Could you please clarify on the second point raised by me? After transfering my property to my parents name, can my wife claim it? Please clarify!

Thanks

nandha

no.

@Shonee, Thanks !

Dear Sir,

I got married 4 years ago, my wife and i are seperated for about 1.5 years now and want to get divorce.

I had purchased a house before the marriage jointly with my father. My father financed 50% and rest 50% I took loan and I am still paying EMIs. There has been no contibution from my wife in any way in the house.

Now during the divorce can she claim a share in the property? I have a son who is staying with her, can she file any share on his behelf in that property?

thanks

Jay

No she can not claim the same in divorce. But she can get right of residence in the same in DV.

Also the same would be a consideration while deciding permanent alimony.

Dear Sir,

thanks for the response. I dont know what do you mean by "DV'. please elaborate.

I would like to add. I stay with my parents in their house and the house I own is in an another city. My wife stays with her father in a much lavish and 5 times expensive house. although she doesnt own any property on her name but her father owns property worth crores and she the only child. Would the judge take that into consideration? Her last drawn salary was equivalent to mine approx 50K per month.

Please advise what could be the judgement

thanks

Jai

Nandhaji,

One important  point to be noted is,you cannot sell the property nor gift it to anybody,until the case is concluded.Because you have purchased during the period of your wedlock.If your wife knows about your act,she can object.Who knows,her money may also have been invested in acquiring that property.If her lawyer is wise enough ,this will be another problem you will have to encounter.

Nandaji,

Once the case is concluded,along with maintenance for herself and your son,she will certainly ask for a share in the acquired property during the time of wedlock,then you can defend yourself that it was self acquired and all the funds for the pruchase of the said property have been met with your own resources.But your son will have automatic claim over his share,only if you dispose or gift it.

I Have 3 office properties purchase after marriage out of my own resouces. Wife has not contributed a single rupee for these properties. She has never been a fulltime housewife and has always been working and earning, We have been married for 21 years and she does not have any property in her name.

She has filed a DV case against me about a year back but the judge in the interim order has not given her aany relief except the right to residence in my house. I suspect that she will now file for divorce.

Once she files for divorce , I will not be able to contest it as per the new HMA amendment, My qyestion is : for Alimony, can the court order me to give her a share in my properties even if she has not contributed for them ?  If yes, how do I fight this as I do not wish to give her a share in any of my office properties. I dont mind giving a 50% share of my house where we are both staying now.

As of now she has no right in these properties

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

Dear Nandhaji,

This amendment is not applicable to old divorce cases or pending cases.This is applicable for the cases filed only after the act comes into being.

To ,All Querists,

Mujhe ye samajme nahi atahai ki har mard kyu pareshan ho raheho.Sab talaq cases ekhi tareke ke nahi hote hai.Jara itmenanse raheye.kanoon keval aurat ka nahe hai.