Divorce
PRAVIN
(Querist) 07 May 2012
This query is : Resolved
Dear Expert,
My wife is in service. We have a baby. She is earning Rs 50000/- per month. I am earning Rs 43750/- per month. I have a house property constructed fully by my father. I have a mother wholly dependent on me.
My wife wants divorce. Plz guide me on following issues.
1] Shall I liable for maintenance even if she is earning more than me?
2] will she entitled to claim a share in house property constructed by my father?
3] If I want to prepare a will on the name of my mother that the house property must be on the name of my mother which is constructed by my father. Is it possible.
Plz guide
V R SHROFF
(Expert) 07 May 2012
She can ask maintenance for baby only[ 50%]
She can ask for residence of herself & baby+& thereby attach your property. both have right in house on your name.
WILL IS POSSIBLE: BUT WEF YOUR DEATH, So do not serve your purpose.
SAINATH DEVALLA
(Expert) 07 May 2012
Is your father alive? From what sources he has constructed that property?Even though the property is in your name,and if it is constructed from the resources of your father,your wife has no claim for a share,except for the child.Other things as suggested by Mr.Shroff.
Sankaranarayanan
(Expert) 07 May 2012
yes MR shroof given already the answer, IS your father is alive ?
For maintenance you have to prove she is earning capacity the no need to pay it.
For will if your father is alive then he can prepare the will.
ajay sethi
(Expert) 07 May 2012
your father should make a will wherein he should bequeath house in favour of your mother . since your wife is earning 50,000 a month she wont be entitled to maintenace . however for your baby you will have to pay maintenance
you should move out of your parents place and stay separately
PRAVIN
(Querist) 07 May 2012
Dear Expert,
My father is no more. My wife is a judge in court. She lives in a govt quarter.
My father was a State Govt employee and he has contructed the property on his own income.
Now I am living in rented property at my place of work.
My mother is living alone in our house property.
You guide me. Will law give soft corner to my wife as she is a judge in court
ajay sethi
(Expert) 07 May 2012
because your wife is a judge she will not want dirty linen to be washed in public . she would prefer an amicable separation and divorce . agree to it
SAINATH DEVALLA
(Expert) 07 May 2012
Mr.Praveen,
You don't come out with the actual facts of your query in the first posting,therby wasting the time of the experts.Now you say that your father was a state govt. employee.Has your father taken loan for the construction of the house?
Just at 12.19pm,today, you have posted the same subject in a different thread,taking the experts for a ride.
Shonee Kapoor
(Expert) 07 May 2012
Regardless whether it is an ancestral property or self acquired by your father, she has no rights in the said property.
The maintenance for the child would need to be borne by you.
She won't be entitled for any maintenance.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
adv. rajeev ( rajoo )
(Expert) 07 May 2012
Reagrding maintenance she cannot claim because she is earning, she can ask for the child. She cannot claim share in your father's property. If it is ancestral then thru., her child she can claim her share.
R.K Nanda
(Expert) 07 May 2012
I agree with experts.
V R SHROFF
(Expert) 07 May 2012
go st forward. Why try tact & WILL etc???
Both of you must search root cause of misunderstanding.
Educated couple must teach lesson to society.
If any matrimonial offence, or any problem with moral character, , out of marriage relationship, it need divorce.
If only ego, mis-understanding, separate residence, mother in law problem [as FIL ALREADY EXPIRED] Try understand each other.
Why your wife want divorce?? U never disclosed vital facts.
I agree with comments from Devalla Sainath.
Do not hide. Be clear from the beginning.Be frank and open, with your wife also. It will help you.
Naresh Kudal
(Expert) 07 May 2012
your baby can claim maintenance and if property is ancestral he can also claim in your house.
Santosh Goswami,Advocate
(Expert) 08 May 2012
She is entitled to no maintenance.
She does not have any share in property.
If father is dead, your mother will be the owner of the property. There is no need for making any will.
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