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anbu bangalore (aaaa)     22 January 2016

Property share in divorce

Respected All,          

I have a property in my name and one ancestor home property and one ancestor land property.please help me how the court will decide the share and maintenance/alimony in divorce in my case.



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 7 Replies

Sidharth   22 January 2016

Property, divorce, alimony all are different issues. 

anbu bangalore (aaaa)     22 January 2016

no not all are different issues. all are interlinked

Kumar Doab (FIN)     22 January 2016

The court can look into assets (details to be before court) and decide.

kavksatyanarayana (subregistrar/supdt.(retired))     22 January 2016

I agree with the advise of expert Mr.Kumar Doab.

Vijay Raj Mahajan (Advocate)     23 January 2016

 

The Alimony and maintenance are decided on the basis of the financial status of both parties and in deciding the quantum the court takes in consideration even the properties owned completely or partially or having share as in ancestral property of both parties as the properties can be part of source of income or financial gain for the party.

The Alimony and maintenance for wife is not a matter of exclusive right as even husband under the Hindu Marriage Act, 1955 for Hindus can claim the same from his wife.

The Wife who has sufficient means of income or properties owned by her may not be allowed any Alimony and Maintenance from the husband as the provision is to provide financial support to the person who has no means and avoid destitute situation for such person not privilege for such person to  make extra income for herself/himself from the opposite spouse.

anbu bangalore (aaaa)     24 January 2016

thanks sir.court will calculate the property value based on the guideline value or market value?

Reformist !!! (Other)     25 January 2016

Generally courts do not consider or evaluate the property unless and until the kids are involved in divorce. It depends on the judge where your case has been filed. Read his earlier judgments on HMA via ecourts so that you know his style of decreeing the divorce.


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