Asking mcd, but wants to continue property suits?

As per your query it is understood that you need information regarding the divorce case which is filed by your wife.

You can deny for giving her maintenance as she is educated and can maintain herself and her child too and the most important point is that you are not able to earn because of your disability.

In the case titled Rupali Gupta vs. Rajat Gupta the Hon’ble High Court of Delhi has upheld the order of the family court refusing to grant interim maintenance to the wife who is a qualified Chartered Account and in the profession from many a years. The Court stressed upon the fact that if a wife is well qualified and capable of earning and chose to remain idle then the courts may be reluctant in awarding interim maintenance to her.

On the similar lines, the Hon’ble High Court of Calcutta in the case of Somdatta Chatterjee nee Raychaudhuri vs. Anindya Chatterjee has held that the object of section 36 of the Special Marriage Act, 1954 is to provide temporary financial support to the wife who is bereft of sufficient means to maintain herself. In the light of the peculiar circumstances of the case where the wife was earning well, the Hon’ble High Court refused to grant interim maintenance to the wife under section 36 of the Special Marriage Act as the wife is not devoid of sufficient means to maintain herself.

Regarding the evidences and the harassment which she is talking about you need to state the clear facts about the allegations which are made by her depending on that I can give you precise advice and information.

You can go in that Court for the hearing and then you can file an appeal for transfer of the case in your city stating the reason of your disability.

Whether the wife can claim the share in the property or not that depends on the type of property.

Women rights on Husband self-acquired property

As per the law, a wife can not claim a share on the husband's property, which is registered by the husband's name only.

If the couple has kids and after separation, they will live with their mother in such a scenario, the biological adult children can claim genetic rights on their father's property.

 If the husband is giving maintenance to his wife and their children. Then he will hold the ownership title of his property.

If the house is registered with the husband's name, he has no right to ask his wife to move out of the house. Women have the right to stay in their husband's house till the process of divorce complete.

Women rights on Ancestral property of her husband:

The wife has no rights to the husband's ancestral property.

Only biological children can claim ancestral property.

If a man marries another woman after divorce from the first wife and later he gets blessed with kids from the second wife then those kids can claim the right to ancestral property.

In such a situation, the court will distribute the ancestral property equally. Between the children from the first wife and children from the second wife.

Hope it helps!

Regards,

Anusha Singh

Dear Respected Anusha Singh Mam,

Thank you as always for a through explanation. I have ready your other replies on this forum, and you have always been clear, as a wistle and always a great help to poor souls like us, who dont know much about the law.

QUESTION: My/Husbands father & grand-father died well before husbands marriage, so from my understanding, the ANCESTERAL property that was distributed between husbands brothers & mother, becomes SELF-ACQUIRED property? Right? Also husband transfered his share to husbands/my mothers name by gift deed, so can wife & children ask for any share in that property?

NOTE: After a long battel, the HC said that husband may have disabilities, but just becasue he is not on any medication, the HC transfered the case to wifes city. Honestly speaking, I dont trust the courts or their bisased judgements in India. Unfortunately.

Anusha Mam, as always you have been a great help to all people like us, who dont understand the laws, or their implications, as well as you do. Kudos to you.

No, the wife cannot claim the property. 

You can again file an appeal in the Court to transfer the case on the grounds that it is becoming difficult for you to travel in this condition and also it is not affordable as you are not earning right now. 

I'm glad I'm of some help to you. 

Regards, 

Anusha Singh

I agree with detailed explaination given by Ms. Anusha Singh to a great extent but not completely as there are some points of disagreements which can not be taken up at this stage / platform such as issue of "lis pendence / permanent alimony" to wife on MCD which has to be provided by husband even if he is unemployed and wife is educated /earning as held by Supreme Court in D. Velusamy v. D. Patchaiammal, (2010) 10 SCC 469 Parveen Tandon v. Tanika Tandon CRL.M.C. 264/2021 Delhi High Court ; recent Supreme court judgment in Rajneesh V Neha has dealt the subject in a detailed way. 

You have stated, "...so from my understanding, the ANCESTERAL property that was distributed between husbands brothers & mother, becomes SELF-ACQUIRED property? Right? "

It would be ancestral and not self-acquired. The property inherited and devolved between mother (widow) and husband's siblings would not be self-acquired as it has been passed on from great grandfather, i.,e, 4th generation.  

You have mixed up various topics in your statement / query, let them be separated and answered by your lawyer who is well aware about facts and circumstances of the case(s).

On the one hand you do not have faith in Indian judiciary on the other you got the divorce case transferred as per your "personal' convinence in your town/ city with the sole aim to harass your husband who is stated to be a handicapped unemployed person, is it fair and just ?

Please post concise facts.