can the wife lay a claim(in the event of seperation) on husbands rights over a certain joint personal property owned by the husband& his dad before the marriage
raj (self employed) 25 July 2009
can the wife lay a claim(in the event of seperation) on husbands rights over a certain joint personal property owned by the husband& his dad before the marriage
A V Vishal (Advocate) 25 July 2009
Yes to the extent of her husband's share she can claim right
G. ARAVINTHAN (Legal Consultant / Solicitor) 26 July 2009
how about the self acquired property of husband long before marriage?
raj (self employed) 26 July 2009
(1) the marrige has not been registered , so inspite of this can the wife claim on the above said property ?
(2) what if an agreement has been made between me and my dad before the marriage ,saying i ve gifted all my rights towards such property to my dad itself .
(3) what if the agreement is registered now? is it valid?
Rajesh Kumar (Advocate) 26 July 2009
Well, wife has no right in any property of the husband, acquired before or after the marriage. Wife has a right to maintenance only- off course at the time of deciding maintenance amount the court may consider husband property.
The court will also take into consideration wife's property, her unpartitioned share in fathers joint property or other property, in deciding maintenance amount.
raj (self employed) 26 July 2009
The question of maintenence arrives only on the event of divorce in the above mentioned case (1)whereas iam not atall willing for a divorce under any accord or reason whatsoever it may be my question is (2)can my wife force me for a divorce of course for the money part it??inthe above mentioned case(3)how valid will be her claim if idont cosent for divorce??
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