Divorce
Gurudas
(Querist) 08 May 2012
This query is : Resolved
I am a retired Govt. officer.I got married in 1970 and during this period in 1995, I found that my wife had an extra marital affair and from then on wards we had issues which have worsened this year so much so that my wife has filed a divorce against me.My wife is also retired BMC nurse.At this moment all the property(home, jewelry and cash) is on my wife's name which was earned by us together. I have 2 married daughters and I have their support. Currently I do not stay with her since last 5 months, I stay with my daughter. I wish to have a share in above mentioned property for my secure future.So is there any way that I can claim my share of half property? She has sent me a notice currently at my daughters in laws house purposely to trouble her which was told as a notice for Divorce and we have found out that neither court or police has sent me the notice.Could you please also let me know what could be this notice about and who could have sent this?Kindly reply.
ajay sethi
(Expert) 08 May 2012
attach copy of notice sent by your wife .
if you had problems with your wife since 1995 why did you keep property , cash in her name only?
go and start staying in house you bought together . how long can you stay with your amrried daughter?
Gurudas
(Querist) 09 May 2012
Thanks a lot Sir for your reply. I will be attaching the notice soon. I could not take any legal action against her in any case since 1995 as I had 2 unmarried daughters, I was scared for their future. My younger daughter got married last year. So now we both were tension free and she took advantage of the same. Now if I go back to stay in that house which is on her name, she accuses me of trying to kill her or physically assault her and she calls police and has given 5 NCs against me for no reason. But even police there are aware of this case and they know who the culprit is and have not caused me any harm. Although she gains a symapthy over her tracheo operated and her old age. Kindly let me know if in such condition how can I go and stay there and is there any legal way that could help me out Sir? Would appreciate your guidance on this. Thanks in advance!
Shonee Kapoor
(Expert) 09 May 2012
There is only one way, file for divorce ASAP.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
R.K Nanda
(Expert) 09 May 2012
I agree with experts.
Gurudas
(Querist) 09 May 2012
What about the property worth Rs. 75000? How to get a share in the same? Apart from this I have land on her name as well which I have transferred on my married daughter's name. If I demand for existing property while filing divorce, can she demand a share in the land now? Please reply
M V Gupta
(Expert) 09 May 2012
Whether divorce or no divorce, your main problem appears to be that all the property,Jewellary and cash are kept in her sole name.So far as property is concerned, if you have any evidence to show that you had contributed for the purchase of the same, you may claim share in it. But it would face challenge from your wife on several grounds such as the amounts were gifted to her by you voluntarily etc. As regards jewellary, any of them given to her at the time of marriage by her parents will be her stridhana and you cannot claim the same. Other items purchased by you subsequent to the marriage and presented to her or gifted to her may also belong to her absolutely. As regrds cash standing in her name, you dont have a right for the same unless the amounts are in joint names. As regards the property which has been transferred to your daughter presumably by both of you, the same will belong to your daughter and yur wife cannot claim it back.
V R SHROFF
(Expert) 09 May 2012
""I found that my wife had an extra marital affair and from then on ""
Never utter a single word about it. you already published it on public platform that published it on entire world, and you can be jailed also for this offence. It is cyber crime too.
BE VERY CAREFUL.
obserbe all code of conduct. keep veryu cool, do not give her any chance to complaint against her. just live peacefully. no one knows who is right and who is wrong. Till then Wife gets all advantages of Laws, not you, and you already given up all on her side. Where u stand??
A single foolish step on your side and you will had it.
watch every step .
What way divorce will help you?? I think useless.
Just maintain peace.
ajay sethi
(Expert) 09 May 2012
agree with mr gupta . jwellery would be her streedhan . cash woyuld be regarded as gift given to her . she cannot clam share in property transferred in daughter name
Gurudas
(Querist) 09 May 2012
Thanks all for your valuable advice. I have decided to accept the notice sent by her and give her divorce peacefully. Although I have not received the notice due to unavailability. So I do not know where should i collect this notice from as the belif have told me they do not have it. Also I have an idea on what basis she would demand divorce. Those would be false blame but I have my kids for my support. I want to know how can I deny those false blame and at the same time peacefully sign divorce papers and get rid of her. Thanks
Santosh Goswami,Advocate
(Expert) 10 May 2012
Say her to divide the property equally.If she refuses you can file a suit to claim that if you have all the documents to show that the property were acquired by the earning of both. A notice is served by the court server or it may come by courier.I would advise you to make her agree for a mutual divorce to avoid the complication.
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