Maintenance and property
T. Saranvelu
(Querist) 19 October 2015
This query is : Resolved
Sir,
I have filed appeal petition for divorce at high court and pending (lower court denied divorce). She file maintenance case under 125 Crpc and now progress. A child is with her. I have constructed a house (Self) before marriage using home loan and now I am paying EMI regularly. Now I am decided to sell out the house due to over debt problems. The house can be sold after clearing bank dues.
In this situation,
(i) whether she can claim share of my property in the 125 crpc or any other case. if so how much %
(ii) In 2010 amendment in marriage, wife is entitled to claim properties of husband. Based on this amendment, whether she can claim share of my property.
(iii). Whether child can claim share of property, if so how much per cent.
(iii) Whether she or child can issue legal notice against my house sale now and after disposal of maintenance case also on claiming property share.
kavksatyanarayana
(Expert) 19 October 2015
@author,as it is your self acquired property no one can claim share on your self acquired property but if you have ancestral besides this property, your wife on behalf of son can claim share. if divorce granted, your wife can claim maintenance and for son also. The Hon'ble Court can grant the maintenance as it deems fit.
Rajendra K Goyal
(Expert) 20 October 2015
1. No
2. No.
3. No during your life time he has no claim.
4. If they approach court, oppose the move.
K.S.Srinivas
(Expert) 21 October 2015
Well advised by Sri Kkavksatyanarayana.
