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sivakumar Radhakrishnan (Engineering)     19 November 2009

Can wife claim husband land during divorce case

My wife had s*xual contact with other man. After I seen this obscene, I applied for divorce on Nov 2009 in chennai court due to adultery by my wife.

I have two vacant land in chennai in my name. one land I bought before my marriage using my own savings and another land was alloted to my mother by Tamilnadu govt (housing board) and after my mothers death, ownership was transferred to me.

Now my wife and her relations threatening me to give atleast one vacant land to her.

If she filing any case against this property, whether I need to give ?. Whether she is eligible to claim these two property ?. Some lawyer saying she is eligible to claim and some lawyers saying she is not eligible.

PLEASE GIVE ME THE CORRECT ANSWER.



Learning

 42 Replies

Vikas Dharmendra (Consultant)     19 November 2009

No.. she can not take any of your property,, sha can only file for maintenance for valid reasons .


(Guest)

No. One is your own earning and another as a legal heir you got it from your mother. on adultration you are seeking divorce. Even you can deny maintenance. If your lawyer fights well you need not give a single paise to her.

1 Like

Suchitra. S (Advocate)     19 November 2009

I completely agree with Satyaprakash Sir. If a woman lives in adultry, she cannot claim maintenance under section 125 of CrPC

1 Like

Suchitra. S (Advocate)     19 November 2009

Sorry, I did not answer completely. If she cannot even claim maintenance, she cannot ask for your any of your property too..  :)

1 Like

Sanjeev Kuchhal (Publishers)     19 November 2009

Wife is not entitled to claim separate maintenance if she is living in adultery.

 

Please note that onus of proof would be on the husband who asserted that wife is leading adulterous life. However living in adultery is one thing and committing an act of adultery is another thing. Expression "living in adultery" is purposefully used to indicate that an isolated act is not sufficient. A consistent conduct and living in permanent and quasi permanent adulterous relationship with the paramour has to be proved. Sporadic instances of s*xual relationship between a wife and a person other than her husband, would not fall within the ambit of the expression `living in adultery'.

1 Like

Adv Archana Deshmukh (Practicing Advocate)     19 November 2009

 If adultry is proved and you get divorce on that ground then she is not entitled to claim even maintainance.  She has no right to claim your property, so don't worry.

1 Like

sivakumar Radhakrishnan (Engineering)     19 November 2009

Dear all,

Thank you very much for your replies.

I have another doubt, last week by wife and her supporters forcing me to return wife Jewels. I told them I will surrender my wife jewels in the court since I already filed divorce petition under adultery by my wife. But my wife supporters threatening me to give now itself. Whis is safe for me ?.

Also In this website, I read about 406 IPC that based on wife complaint police can file the case against husband to recover wifes's articles.

 

PLEASE SUGGEST ME.

Suchitra. S (Advocate)     19 November 2009

I agree Sanjev Sir.. It has to b proved that she lives in adultry to decline maintenance. But in any case, she cannot ask for property.

1 Like

Adv Archana Deshmukh (Practicing Advocate)     19 November 2009

 Under the HMA adultry is a ground for divorce. Even one single act of adultry is enough to get divorce. A wife is not entitled for maintainance u/s. 18 Hindu Adoption & Maint. Act if she is 'unchaste' but yes, u/s. 125 crpc the expression are 'living in adultry' so single lapse from virtue may not be enough to refuse maint.

1 Like

Sanjeev Kuchhal (Publishers)     19 November 2009

Even if you return it personally (not in Court), you should take a proper receipt from wife evidencing the same.


(Guest)

I suggest you hand over her ornaments through court. In near future they can not do any  clash.

Rajeshkannan (Designer)     19 November 2009

what is the meaning of 406 IPC ?... whether is it related to divorce

Sanjeev Kuchhal (Publishers)     19 November 2009

Section 406 of IPC is relating to criminal breach of trust. It think that it would be applicable only if you deny to return the stridhan.


(Guest)

Section 406 relates to the punishment for criminal breach of trust. It can be used for divorce also.
 


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