Divorce

Querist : Anonymous (Querist) 16 September 2011 This query is : Resolved
Learned and respected experts :-.
Kindly give your comments on the following :-
Iam married 24 years and sufferring because of an argumentative and manipulating wife. I would like to go in for divorce. I have a son who is working and earning well approx Rs30,000.When my son was growing up I spent mostly on home and his education expenses.Later on when my wife started earning well, she contributed towards his education in college and post graduation.After all she too has financial obligations and both spouses are expected to maintain each other. My wife is presently earning
about Rs40,000/-p.m. whereas Iam getting only Rs17,000/- per month because she has affected my progress.There is no official DV complaint against me.Like any marriage we too had skirmishes/minor quarrels though. My father has left me good value property and we are staying here.The property was self acquired by my father.My wife wants this
property because of her greed.
When I file a divorce suit, what can she
claim for ??? Please elaborate on the
following claims which I know she will make:-
1) Property left to me by my father
2) Maintenance to her
3) That I used to fight with her
4) That she spent on son's education

Thank you very much.

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Guest (Expert) 16 September 2011
if you files a divorce case than she can also file a case of DV Act and also she can file without filling of divorce case by you.
she can claim only maintenance in the case of DV Act but she is earning very well also and not the property.
the son is also of her and she can also equally contribute towards the education of the son.

jitender pawaria (Expert) 16 September 2011
if u fled divorce petition then onus to prove on you that on which ground you seeking divorce from her.

Now according to my thinking in case of your son your property treated as ancestral property according to Mulla`s Hindu Law but if your father transfer his property to you through any testamentary draft then your son can`t claim in your property because it deemed to be self acquired property but if you inheret from your father through sucssession then your son have right to claim in your property.

And for remaining two quires i agree with Sachdev reply.