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Pre-divorce issue

Querist : Anonymous (Querist) 04 October 2019 This query is : Open 
Hi,

I and my wife seems to be headed for a separation and its seems to be matter of time now. I had a couple of queries:

1. I m in a situation right now that even for smallest of the fights & arguments, my wife threatens me and my parents that she'll falsely complaint against us for a physical violence, which offcourse absolutely doesn't take place at all. However, we would like to avoid any kind of possibility of that given her nature and the way things are headed. Hence, we (I & my parents) are contemplating moving out of our Rented home to a different place. Is there advisable or a risk/issue in this? Also, given her behavior, its very possible that she falsely files a complaint even after we moving out (sooner or after many mths) against us for any physical violence or any other thing?

2. My elderly parents would like to stay with me. But are not able to do so because of my wife's behavior and threats. Is there any way to counter her threat by filing a pre-emptive counter complaint to make us feel secure against her any steps/complaints/threats?

3. What happens in case of alimony? Is it always 50% of my present assets and/or future income that i have to part with? I m in a 5 yr marriage and my salary has increased more than double during this time? What if I transfer all my bank savings and assets in the name of my mother, would she be able to claim on that as well? If my mother buys a home from this tranferred amt, in a joint name with me (as this would be required in a home loan), would my wife be able to have a claim on the home since its in my joint name. How can i reduce my ownership in the home to a minimal, which ensures least claim from my wife & also ensures my ownership, which is required by the bank for issuing the loan.

Kindly guide
Dr J C Vashista (Expert) 05 October 2019
Matrimonial disputes can be sorted out by counselling.
It is advisable to consult a local prudent lawyer with case file for better appreciation of facts, guidance and proceeding.
Adv K Rajasekharan (Expert) 05 October 2019
Yes, of course you must try for mediated settlement of your dispute first. If both of you do not reach a settlement it is better you try for a mutually consented divorce.

P. Venu (Expert) 05 October 2019
It appears that you are overreacting. Try to work out an amicable settlement.


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