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Another male victim of wife's harassment. seeking divorce

Page no : 2

Kumar Doab (FIN)     17 August 2017

Submit the prrofs of her educatinal qualifcation and earnings from all sources to court...

Vinay   17 August 2017

As per your post the property left undisposed in her life time by your mother is self acquired in the hands of your mother. It is believed that you are all Hindu. Confirm!
(Yes, we are all Hindus.)

The rent agreement and rent receipts may be examined for rent collector to date…….. The person that has enjoyed the rent may show in income. (We havent changed the rental agreements as of now. It is still in my mother's name but the rent was being given to the account where Mom, Dad and me where we are Joint account holders. So if at all any changes to be done I have to do for the future in the rental agreement. I have been asking my advocate on the right person who should be in the agreement for all future purposes ) 

 

You can dispose your share by relinquishment/release/gift/transfer/settlement/sale deed in favor of your father……….and narrate the purpose…………..   (Given the current situation is it fine If I make my dad be in the rental agreement even before the property is transferred to his name via the routes that you have suggested?. Can I transfer the property now, when the case is going on for divorce and maintenance?. Will court see this in an adverse manner even though genuine reason for my father to have it? Will she have a claim if the property is in my father? Can I transfer the other property that mom had got from her father via gift/relinquishment deed)

Outright sale is usually preferable in such matters however your father should be having adequate proof of source of funds….. Your father seems to have bonafide need……. also, as posted by you. (Outright sale is not possible because my dad does not have any source of funds. He does not get any pension from his employer and dad was dependent on Mom post his retirement and on the rent that they used to get).

 

In any case the transfer of ownership shall remain a public record and you on your own/as per your lawyer’s advice or per directions of court ( if and as and when) can submit the record……………. Discuss with your lawyer and decide…………as suitable to you (I shall have a word with my lawyer and take further steps but wanted to hear your thoughts also if I can move the property to my father via relinquishment/transfer/gift deed. If done now, will it have any impact on my maintenance case on the timing when the property is transferred to my father). Thank you
 

Kumar Doab (FIN)     17 August 2017

As already posted:

In any case the transfer of ownership shall remain a public record and you on your own/as per your lawyer’s advice or per directions of court ( if and as and when) can submit the record…………….

Discuss with your lawyer and decide…………as suitable to you.

 

 

Vinay   17 August 2017

Thank you Kumar Sir!.

Kumar Doab (FIN)     17 August 2017

You are liable to maintain your father.

Wife has NO forced share in self acquired estate/property of husband.

Wife is not a Co-parcener in ancestral property of husband.

Property that devolves by inheritance is of nature self acquired.

If there is NO stay/injunction by court of law then you can act as per your rights on property that is heritable to you.

 

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Kumar Doab (FIN)     17 August 2017

After death of owner legal heirs step into the shoes of owner.

So you can handle rent matter.

Your father can be made sole owner of property, sole rent collector and you should maintain proper records.

From your side avoid and don't conceal anything.

 

Take help of local ITax layer/CA/counsel handling rent matter/civil matters........

 

 

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Kumar Doab (FIN)     17 August 2017

As already posted get evidence of her education and earning.

Her education is public record and you can get it/quote it and court can order on it.

Her employment that fetches her taxable salary is  is public record and you can get it/quote it and court can order on it.

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Kumar Doab (FIN)     17 August 2017

The following thread and information contained in it is useful for you:

 

Husband can defend his interest seeking the salary details and employment status of wife

https://www.lawyersclubindia.com/forum/details.asp?mod_id=152916&offset=0

1 Like

Vinay   17 August 2017

Thank you Kumar Sir for all the help! . Most appreciated.  ..

Kumar Doab (FIN)     18 August 2017

Without any hesitation obtain second opinion from a local senior very able counsel of unshakable repute and integrity specializing in concerned field of law......................on various points that you have been posting................and try to find local PIP that have handled such matters, successfully and have understood finer nuances.............and court procedures.. 

 

1 Like

Kumar Doab (FIN)     18 August 2017

You are welcome.

 

 

Vinay   18 August 2017

@Kumar Sir, Radhika Mam,

I know this is not the right time for me to ask this question but just trying to see if there is any hope of me utilizing the avenues of law to support me in adopting a kid or me going through option of Surrogacy to have a child. I know I have big battles to face however just wanted to ask this last question from my side.

1. I do not want to get married again

2. I'm 35 years old, my father is 80 years old, I have been through a divorce already wherein I never wanted to leave my wife but destiny had something else planned.

3. I know that this is a wrong time to plan to adopt a kid or plan for surrogacy however just want to know what are my chances legally in adopting a girl child. I have always wanted a girl child if my married life was fine and bliss. Unfortunately its not the case.

4. Can I go for adoption of a child using my first divorce papers? If yes, what is the procedure for the same

5. If adoption is not possible Can I opt for Surrogacy now when the divorce case is pending in the court. Will it impact my case if I plan to go for surrogacy? Will there be an legal tangles if I opt for Surrogacy when my second divorce is pending in the court?

6. As stated above, I'm 35 years old and I dont know how much time will it take for me to get the divorce and if it takes 4- 5 years then my option of surrogacy window gets slim and slim as time flies. 

7. Is there a possibility that I could adopt two kids at one go? or if there should be gap to adopt another kid what is the time frame? 

Can you guide on my last query? Thank you for all your responses.

sai narayana   18 August 2017

Dear OP I can't add more than what our forum member Advocate Radhika ji already added. But I have one general query to you/all. My Ex too used to use nails over my neck just like your ex used to the way you described in your 4th point. I took those incidents very lightly with a positive mind that she will realise or become matured gradually but that was never happened and rather her behaviour against me worsened more. That's all together a different story. Now my query is whether that causing injury/piercing nails through neck is a serious issue to be worried as a warning signal or shall we take it lightly as it's a general phenomenon of all girls; I am confused and also scared so seeking your view out of your personal experience.

sai narayana   18 August 2017

Dear OP I can't add more than what our forum member Advocate Radhika ji already added. But I have one general query to you/all. My Ex too used to use nails over my neck just like your ex used to the way you described in your 4th point. I took those incidents very lightly with a positive mind that she will realise or become matured gradually but that was never happened and rather her behaviour against me worsened more. That's all together a different story. Now my query is whether that causing injury/piercing nails through neck is a serious issue to be worried as a warning signal or shall we take it lightly as it's a general phenomenon of all girls; I am confused and also scared so seeking your view out of your personal experience.

Kumar Doab (FIN)     19 August 2017

Go thru:

THE HINDU ADOPTIONS AND MAINTENANCE ACT, 1956

6,7,9,10,11……….

https://tcw.nic.in/Acts/Hindu%20adoption%20and%20Maintenance%20Act.pdf

 

If a male is adopting a female child, then their age difference must be greater than 21 yrs..

If he is married, he must take consent from his wife…

 

You have remarried and you are neither single nor divorced……….as you have a living wife and subsisting marriage.


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