Property issue

Info Seeker (Querist) 19 July 2013 This query is : Resolved
Dear Lawyers,
I would like to seek information on Property.
In coming month me and my wife will be planning for baby.
we are having issues between us still my wife want to have baby which I had no choice than agreeing her.
when we were discussing about divorce she comfortably said that if she have divorce than she can get apartment which I own before marriage in joint with my father.

Question
1)so assuming that in future I or my wife proceed with divorce than do I have to give her apartment considering that we have baby. ?

2)is it right course of action to discuss with wife to have apartment in joint ownership and we both pay for the apartment to secure future of wife and baby ?

3)if we proceed with divorce after having baby and decide to own apartment in joint. then is it I have to give share of apartment which I own before marriage ?

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Devajyoti Barman (Expert) 19 July 2013
1.Yes if the new divorce law comes into effect by then.
2. yes
3. yes under the new divorce law of effected .

seshadri dubey (Expert) 19 July 2013
What a coplicated matter !! not getting the point why u want divorce and appartment and baby??

malipeddi jaggarao (Expert) 19 July 2013
When you are planning for divorce, why are you people planning for baby? Property is important or human relations are important? What will be future of the baby? Both the ideas do not go together.

Info Seeker (Querist) 19 July 2013
@dubey : indeed its complicated. i requested for peaceful divorce from my wife but somehow she is not agreeing. i dont want my old mom dad to suffer in divorce proceeding so going ahead with family extension. we r not sure that we will have divorce after having baby. but as we are going ahead with baby planing and nature of my wife doesnt change so the question arises.

@jaggarao .same issue my wife doesnt understand. her friend is pregnant. so she also get influenced.my wife also affraid about divorce due to social stigma. so to conitue this marriage where love n respect is absent. she want to have baby if v r not divorcing

ajay sethi (Expert) 19 July 2013
better visit a marriage counselor . it makes no sense in going for a child if you are planning to divorce each other .

Info Seeker (Querist) 19 July 2013
@burman : so in 3rd answer i will have to give away the apt which me n wife will own in joint ownership and the share of apt owned before marriage.
M i understanding rightly

secondly is there remedy t avoid situation that i dont have to give my apt before marriage?

Info Seeker (Querist) 19 July 2013
@ajay we had marriage councelling before and my wife was not comfortable. the councellor had suggested that go for divorce to me but i didnt took that option as it affect my family member.
i did explain to my wife that hving baby withoutlove n respect will spoil life n will create disturbance in babies future. as of now she says that we willvtake care but i have feeling that her option will changev if she notice that there is no love

Info Seeker (Querist) 19 July 2013
Whil having discussion with wife that as we are going to have baby than she must not think of divorce as it will spoil baby future and mine also

at the moment se is saying that we will not have divorcevbut somehow i dont trust her statement

super tired of her taunt

ajay sethi (Expert) 19 July 2013
better go for divorce by mutual consent . if there are daily fights between husband and wife it affects child development . better go for divorce now .