Can wife claim share in wife property
Amit Oza
(Querist) 10 April 2012
This query is : Resolved
I am asking on behalf of my friend.
My friend has filed divorce case, and the hearing for the maintenance is due on next month.
my friend is earning a salary of 12000-/ pm and his father was a govt employee , now he is reitred .
1) During the consuling session in the court and also at Mahila takrar kendra his wife has accepted the fact that she was working ,she is demanding 15000 pm and a residential property to reside . on what grounds maintenance will be decided , can the fact that she has accepted during consulling session that shae was working will be considered ,so that it can be proved she is able to work to maintain herself.
2) My firend is now living with her parents , earlier he used to saty on rented room with his wife . Can her wife calim the property which his parents own. The residential flat is in the name of his Father and his brother.
3) Can the New amendments in the marriage act can help my friends case to reduce the time taken.
4)My friend is not in such a financial condition that he can hire detetive to prove that his wife is working, . can any one plz help my friend as he depresed as he dose not have proof to prove that his wife is working
Deepak Nair
(Expert) 10 April 2012
The wife cannot claim the property or share of the property of husband. She can claim only maintenance. In this case, the maintenance claimed is 15000/-.
Please note that claim of any amount can be mede before the court. But, the maintenance will be granted by the court after considering the salary of Husband, salary of wife, living standards, expenditures incurred by husband on livelyhood and for maintaining dependents etc.
If the wife is working and her salary is more than or equal to or approximately equal to that of the husband, she cannot claim for any maintenance.
ajay sethi
(Expert) 10 April 2012
you are earning rs 12,000. if wife is working then she will not be entitled for maintenance if she is earning a decent salary .
under dv act she can claim right to stay in shared household . in flat owned bby father wife cannot claim a right .
Shonee Kapoor
(Expert) 10 April 2012
Agreed with opinion of Ld. Sethi.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Santosh Goswami,Advocate
(Expert) 11 April 2012
Maintenance is always decided on the basis of the income of the husband. If your wife is earning maintenance to her can be denied. Even if you don't present the proof of her earning, the admitted fact in counselling can be brought to the notice of the court. for more you may contact me.
919555462995
