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Shobit Dua   16 February 2016

Can my beautiful cruel wife claim my shelter?

My wife is separated since May 2013. Till date she only went to a private mediation center. No any other case is filed yet from both the side. I have one flat on my name which I was bought before marriage and that money was given to me by my mother. If she go for divorce now can she claim home. That’s the only property I have. We have one boy and he is with her. Can she claim that property? How can I save it? Can I transfer it to my mother’s name? It will cost me approx. 7 lac rupees. Please help.

I discussed this with my lawyers sadly they took huge consultations fee but no accurate answer.

Following are the inputs by lawyers :

  1. No need to do anything wife cannot claim anything which is bought before marriage.
  2. It is too early. Let’s see what she is up to. Go for mediation.
  3. Transfer it to your mother name, this ways if she will come back and misbehave to your parents. They can throw her out.
  4. Transfer it now before she file any case.

These all answers really confuse me to do anything. I don’t know how people who have 10-15 properties manage such situations. I only have one and I am so worried.


 18 Replies


She cant simply claim your property unless until there is huge backlog of unpaid alimony (court orders alimony and you dont pay for 3 years, it piles up into lacs).

She directly cant claim share in your property.  Your son in the future can claim.

Other thing is, if you want to transfer the property to your mums name, do it now as no litigtoin process has started yet.


My advice would be that, since she has not done anything like filing some false case, you can give it a try as kid is involved, you both might have ego issues, but why make kid suffer for your ego problems?

Many people dont have kids, you  have kid and family also, adjust with each other for sake of kid.


But transfer all money, property to your mums name, whether you continue with relationship or not.

Shobit Dua   16 February 2016

Thank you!!

Can you also guide me, when you say she can't claim directly then why you suggested to transfer it to my mother’s name. What are the benefits?


Shobit Dua   16 February 2016

In the eye of wife and in-laws husband is always cruel. And when I approach for mediation center they say forget everything and accept her. I am fine with that also. But can anyone ensure she will behave properly she will be not cruel? What I learnt in whole process it is husband who have to sacrifice.

Sidharth   16 February 2016

Dear Shobit,

Its true that you should give your relationship a another try.  It is good gesture from your wife that she have not filed any case on you or your family. 

It is true that wife cannot claim property but she can claim right to reside and because house is in your name it may go in her favour. 

Your strategy should be give your marriage a another chance by moving to rented accommodation with your wife. Let your mother live in your house and if your mother already have alternate house you can give your house on rent.

Shobit Dua   16 February 2016

Thanks Sidharth!!

So you mean no transfer of property? It is good if I can avoid because it will cost me dam 7lac rupees. But I am really confuse. My lawyer suggested me high court mediation where we will gonna sign at the end on agreement. In which I can put in my scary areas and likewise she also. Which I am ready also. But let’s see whether she agree or not.

Sidharth   16 February 2016

Meditation is mediation doesn't matter in HC or district court.

Why to tell opposite party your drawback or week points never do that. 

Be simple 

Reside in rented accommodation with your wife and child

Shobit Dua   17 February 2016

Mrs. Renuka Chaudhury & Sidharth thanks for the reply.

What is your advice? Yes i am going for a mediation but i do not trust my wife.So what to do with home? Can i keep it on my name or transfer is the best way? 


Sidharth   17 February 2016

I still stick to my previous advised. 

Originally posted by : Shobit Dua
Mrs. Renuka Chaudhury & Sidharth thanks for the reply.

What is your advice? Yes i am going for a mediation but i do not trust my wife.So what to do with home? Can i keep it on my name or transfer is the best way? 


Better take divorce.  No point in continuing relationship when there is no trust.

Sidharth   17 February 2016

A lady who have not filed any case on you MUST deserve another chance. And your child may also lead more happy life. Moreover there is no risk. 

Shobit Dua   22 February 2016

Yes, she did not filed any case but .. She called my relatives and friends and said all sorts of false stories. I would say she avoided 498a in court but took other way of insulting me socially.

She said:

  1. I used to beat her
  2. Never give her money
  3. My parents also beat her
  4. We don’t give her food and many more allegation.


After doing all this she went to mediation within a week. And said I want to come back just because of child future. It was some charitable private mediation center. I went there 2 times and asked them to show me file where she stated allegations. They requested by stating that will flare-up the issue. After that I said I can’t move forward like this and need sometime. No progress after that.

Shobit Dua   24 February 2016

As per your suggestion I have moved out on rented accommodation. I have mediation date on  1st March.


Before that, I still like to know what to do with my property.


Following are on my name :


  1. 300 sq yard home in Delhi
  2. 2BHK flat in Delhi
  3. On shop


I know some says I should transfer it to my mother’s name and some says my wife can’t claim anything since all these properties are bought before marriage.


Can someone please tell me what law says.

Thanks in advance

Sidharth   25 February 2016



Happy to hear about your decision.  Don't worry! 

All will be well. It doesn't matter whether you bought property before marriage or after,  wife can't claim your property. 

I suggested you to move to rented accommodation, because if your relationship don't succeed, then she could only file case of maintenance which will include amount of rental accommodation. 

And this right is still available to her. So no harm in giving another chance. 

Best of luck!!

Shobit Dua   26 February 2016

Thank you Sidharth Ji,

I am still very curious to understand why many senior members in this forum suggested to  transfer then property before any litigation.

I also read my posts where in husband transfer their property. I would really like to know this to clear my confusion.

I request Mrs .Renuka Ji & other seniors to give their opinion

Thanks in advance

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