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naren (Consulltant)     05 February 2012

Ancestral & self acquired property

1. I am planning to file a case based on mental cruelty by wife. What is the status of property in divorce case of following?

a. Ancestral property: Husband's Mother is still alive and has house in her name. Can wife claim part in this property.

b. Self acquired property: The property was purchased by husband 5 yrs before marriage with home loan.

2. If I am earning a good salary with net around 1 lac in hand and wife use to work before marriage and was earning 10000-15000. What is maximum amount she can claim in maintenance.

The marriage happened around a year back and girl is living at her parents house for last 3 months.



Learning

 3 Replies

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     05 February 2012

It will be a long battle depending upon the legal advice she gets.

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     05 February 2012

Dear Naren,

On the basis of the above - don't worry about the property she is entitled to neither of the properties that you mentioned. Though she may raise claims about the second one on the premise that she or her parents contributed with respect to that. 

As Regards Divorce on the grounds of mental cruelty - you'll have to make out a good case for that, something beyond tempramental differences or the ordinary wear and tear of married life. If a reasonable man feels seeing your pleadings that you' cant be expected to live with her - Cruelty stands established. 

(Watch out for 498a/406 cases as a counter blast too) 

Maintenance - well if we succeed in proving that she is the one who has left without any rhyme and reason and you never neglected her. She is not entitled. otherwise court would try and attempt (after keeping in mind your liabilities etc) give her a status she was used to as your wife. 

A lot depends on how you plan your legal strategy. 

 

Feel free to seek any clarifications.
Best of Luck

Bharat
Advocate (Delhi)
Convenor : Lawyers for Social Justice
9810553252 

Hem Raj (advocate)     05 February 2012

dear frnd

wife can't claim her share in the property.

she has the right of getting maintance for her.

u can't forcefully throw her out.

if she says that she wants to live in ur mother's house, under dv act then it would be very difficult for u to get ur wife out of the house.

she can claim maintance, damages, and children care allowance.

in that case u will not have any way but to yield against her

498a and 406 case can also be initiated.

getting divorce is a long process.

hem raj saini adv


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