RIGHT OF WIFE ON HUSBANDS PROPERTY IN DIVORCE CASES
Mukesh
(Querist) 21 August 2009
This query is : Resolved
Honourable Members
I had earlier asked questions and got very satisfying replies. I shall be obliged for your kind guidance in the following matter :
My wife and her parents are exerting pressure on us to take back my wife who is living with her parents for last 1 year after only 3 months of marriage and living with us after all nonsense and false allegations. I have made up my mind for divorce. We are trying a negotiated settlement but are not sure of their intentions. They may file a false case if the results are not to their satisfaction.
We have a 3 room flat and there are 6 persons. 1 room was given to me/wife other being with Mother/Father/unmarried sister and Brother/wife. The flat is registered in my mother's and my name. I had however before my marriage gifted my share in favour of my mother due to family problem with brother. The gift was given on a simple Rs.10/- stamp paper which was not registered.
a) Can my wife claim share on this flat ?
b) What is the amount she can claim from me as permanent alimony ? Can she claim 50% of my other assets like shares, cash Fd etc.?
c) Whether she can claim from the properties of father,mother,sister also.
d) Can she claim one room for permanent residence or can she lock it rendering it unusable for any other person?
e) Suppose I gift a substantial portion of my assets to my mother/father/sister before she files any type of court case, whether it will be legal? I want to make gift so that it will help them in their old age and marriage of the sister.
f) What safeguard should I take in this regard so that I am not faced with unreasonable demand?
g) How the court decides on permanent alimony case?
h) Can I refuse permanent alimony and instead opt for monthly maintenance till she is remarried?
thanks and reagrds
MUKESH GUPTA
Mukesh
(Querist) 26 August 2009
Honourable Members
I had earlier asked questions and got very satisfying replies. I shall be obliged for your kind guidance in the following matter :
My wife and her parents are exerting pressure on us to take back my wife who is living with her parents for last 1 year after only 3 months of marriage and living with us after all nonsense and false allegations. I have made up my mind for divorce. We are trying a negotiated settlement but are not sure of their intentions. They may file a false case if the results are not to their satisfaction.
We have a 3 room flat and there are 6 persons. 1 room was given to me/wife other being with Mother/Father/unmarried sister and Brother/wife. The flat is registered in my mother's and my name. I had however before my marriage gifted my share in favour of my mother due to family problem with brother. The gift was given on a simple Rs.10/- stamp paper which was not registered.
a) Can my wife claim share on this flat ?
b) What is the amount she can claim from me as permanent alimony ? Can she claim 50% of my other assets like shares, cash Fd etc.?
c) Whether she can claim from the properties of father,mother,sister also.
d) Can she claim one room for permanent residence or can she lock it rendering it unusable for any other person?
e) Suppose I gift a substantial portion of my assets to my mother/father/sister before she files any type of court case, whether it will be legal? I want to make gift so that it will help them in their old age and marriage of the sister.
f) What safeguard should I take in this regard so that I am not faced with unreasonable demand?
g) How the court decides on permanent alimony case?
h) Can I refuse permanent alimony and instead opt for monthly maintenance till she is remarried?
thanks and reagrds
MUKESH GUPTA
