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Dutoo Aarto   21 April 2018

About property dispute if there is divorve

My wife is not staying with me..
She is preganat. Soon I gone enter court with section 9. that I want her to be stay with me...If she is not ready and in case if divorce happen...I own a flat in Pune...Also my father own his flat in Thane...We also have some land in our village...Do I will be ask to share our property with her..My wife is working one taking good salary from an IT company..


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 9 Replies

Kumar Doab (FIN)     21 April 2018

Which personal law applies in this case?

Or are all of you Hindu?

1 Like

Kumar Doab (FIN)     21 April 2018

Believing that you are all Hindu;

Wife has No forced share in self acquired property of husband, parents in law, relatives from in laws side.

Wife is not co-parcener is ancestral property of husband.

Rest maintenance, alimony are based on income and standard of living of spouse before and after marriage and income..income, estate and liabilities of other spouse and facts of the case based upon which Presiding Officer decides…

Maintenance can be ordered by court to be paid by earning spouse to non earning spouse; husband or wife ………….per facts of the case…

1 Like

Kumar Doab (FIN)     21 April 2018

Apply your rapport, goodwill and take help of elders of the family/well wishers/shrude negotiators/ mediators etc on both sides and try to crease the differences and save the marriage without litigation( Best Recourse)…………….If court orders to rejoin that is also a recourse..

Or if all efforts fail prefer to end the troubled wedlock by MCD ( 2nd Best Recourse)

Or last recourse is contested divorce that involves prolonged litigation, stress and expenses…

Keep unshakable witnesses and irrefutable evidences if your aim is separate without paying costs on valid grounds and merits.

Spend quality time with a very able senior LOCAL counsel of unshakable repute and integrity specializing in Family matters and having successful track record ….. and worth his/her salt …  

1 Like

Dutoo Aarto   21 April 2018

But Kumar sir she is preganat so now do she has force share in my or parent property

Kumar Doab (FIN)     21 April 2018

Unborn child (in womb of mother/wife) has a share in ancestral property..

Sons and daughters have NO forced share in self acquired property of father..

Dutoo Aarto   21 April 2018

thank you Kumar sir for information

SHIRISH PAWAR, 7738990900 (Advocate)     26 April 2018

Your wife cannot aks share in your property during your life time. 

Kumar Doab (FIN)     28 April 2018

The spouse can very well appraise the court about estate/property/earnings of other spouse............

and claim that IT is to assist the court..

The Lawyer of OP may also ask client to bring details and report..

if you have succeeded to find  a very able senior LOCAL counsel of unshakable repute and integrity specializing in Family matters ( i.e  concerned filed of law) and having successful track record ….. and worth his/her salt  .................then you have achieved something big....

 

Your counsel would let you know of strategies to keep estate/property safe and within your reach and hands..that your OP and counsel of OP may not be able to beat..


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