AMIT ANAND (MANAGER) 01 March 2018

Wife deserted from last 1 and half years along with children, her rights to claim my property.

Dear Sir/Madam, My wife has deserted me from last 15 months after marriage of 8 years with both the children. After so many requests (proofs as sms & phone recordings where she denied to come), (one video where her relatives have abused me and my family members with foul languages), she is not ready to come and her mind been washed by her parents. She is the only daughter to her parents and they live in a rented house (same house from last 20 plus years). My salary is Rs.1,14,000/month and my wife earns Rs.50,000 per month. I have following queries: 1. Will it be prudent if in case she won’t return, can I file divorce based on the ground of desertion after completion of 2 years. What are my chances and how much time it will take? 2. What is the percentage chances of getting the custody of my children? At least one, it will help me to put pressure (in good sense as her mind been washed by her parents and relatives) on my wife to bring her back. 3. What amount of maintenance I have to give for her and children, in case i lose the custody case. 4. I bought a house worth Rs.1.10 crores 3 years back registered on my name and took the loan amount of Rs.40 lacs, out of which still around Rs.15 lacs is pending. My wife has given me the cheques worth Rs.8-10 lacs in my bank account, which I further used in the repayment of bank loan. (rest payments done by me only). In case of divorce do I have to give the share from my property. Will court consider that she or her parents don’t have their own house while taking the decision. Looking forward for your advice. Regards.

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3 Replies

Samir N (General Queries) (Business) 02 March 2018

If your house is in your name and stands on your name only then I think that the house is yours and only yours. You can always claim that your wife loaned you the money and that you intend to repay it back with interest. This must be your consistent position or any other position because you cannot change your position later. You will have to provide maintenance to your wife and children. If you can provide alternate home to them, then the property does not become an issue in the dispute.

Sudhir Kumar, Advocate (Advocate) 03 March 2018

if any property has been created when bothof you were living togather while both were earning then her contribution onthe property cannot be ignored.

AMIT ANAND (MANAGER) 21 March 2018

Dear Lawyers,

First foremost, thanks to all who have replied to my query. In addition to that, I further require your assistance on some important grounds. I have met some lawyers to start building my case, however in addition to their views I require yours as follows:

1. Some lawyers have told me that for contesting the case , i have to even take the burden of my wife lawyers in terms of fee charges for enable her for contesting the case. Is it so?

2. Some lawyers have informed me that I dont have to give the share in my house which is on my name, but she can claim the property rights for children in her custody.

3. Will it be prudent to transfer my house on my father's name before filing the case? Will it help me to ensure not give any share in my house to my wife or children.

4. Last, should i file case on grounds of desertion directly or should i file a case for 9 B(requesting court to ask her to come back).

Looking forward,

Regards.