Share in self acquired property
sanjeev kumar
(Querist) 04 February 2014
This query is : Resolved
D/Law experts,
Has a wife, who gets regular maintenance, any right on the self acquired property of a husband?
with regards
sanjeev kr
T. Kalaiselvan, Advocate
(Expert) 06 February 2014
She can seek for attachment of the property if there are defaults in payment of maintenance amount through a collection/Execution petition. However, she does not have any right to claim a share in the said property.
sanjeev kumar
(Querist) 06 February 2014
D/friends,
What if the property is in the form of a house being used for live in and there is a bank loan on the property.
with regards
ajay sethi
(Expert) 06 February 2014
state all facts when you raise your query .wife has right to stay in matrimonial home. .
sanjeev kumar
(Querist) 07 February 2014
D/Sir,
We have been living separate since 1998 and my divorce petition in pending in the HC. The maintenance of her and 16 yrs son has been stopped by my employer after my one year conviction in 498A as I am under suspension.Besides I remained in custody for about 3 months and now even not getting subsistence allowance.She has filed an application against my employer but in reply my employer has described that deduction cannot be made from subsistence allowance as per CCS Rules.
My query is that can the court of Law follow some other alternative to recover the amount.Obviously If I reinstate, my employer will pay the arrear amounts to her as well as to me.
with regards
sanjeev kumar
(Querist) 07 February 2014
D/Sir,
We have been living separate since 1998 and my divorce petition is pending in the HC.I was put under suspension by my employer after one year conviction in 498A and I was receiving subsistence allowance only.After dismissal of my appeal in the session court I remained in custody for more than 3 months and now my employer has stopped my subsistence allowance also.I have no other source of income.Obviously she is also receiving nothing from my employer.The arrears of her as well as of me will be cleared only after my reinstatement.Can the court of law follow some other method to recover maintenance allowance from me.
with regards
ajay sethi
(Expert) 07 February 2014
if you have any other property in your name that can be attached by court for recovery of arrears of maintenance .
