Can wife claim husband land during divorce case

Dear All Lawyers,

Thank you very much for your answers. I really appreciate all of you for your contribution in answering my doubts and thanx to www.lawyersclubindia.com also to give such a wonderful website for the use of public.

Regards,

R. Sivakumar.

 during ur life time she can not claim

 No She Cant....even she cant claim maintenence as she is invovled in adultry.

Wife living in adultery is not entitled to claim maintenance but you may file divorce petition on that ground.

I have filed divorce petition in Nov 2009 in chennai court due to adultery by my wife. My very first hearing on Jan 12, 2010. Meanwhile I got foreign job in saudiarabia. My doubt is :

1. Can my Lawyer handle my case instead of me ?.

2. My wife is having my passport xerox copies. So can she spoil my foreign job or can she bring me from foreign country ?.

3. If I am unable to attend the hearing in the court, whether the court will dismiss my petition? or court will issue any arrest warrant for me, so that will police bring me from the foreign country ?.

I request lawyers to clarify. Please.

Sivakumar ji,

For hearing your presence is utmost necessary. Even you are working in abroad you have to come to the court for cross examination, to produce evidence etc. Your lawyer can handle initial stage. Please know more from your learned advocate.

 I agree with the opinion of Satya prakash ji, at the stage of evidence your presence is absolutely necessary. The court will not issue any arrest warrant against youi, but it may dismiss your petition.

you can get permission of the court for non appearance or give POA to anybody for appearance but before leaving you should submit ur own statement before the court and also try to get permanent exemption from court for your non appearance.

Regards
adv.kamal.grover@gmail.com

Shivkumar,

You need to attend the first hearing and at that time give the POA to one of your family member who can attend the proceedings on your behalf. You need to inform the court that due to the job requirements you will not regularly attend the proceedings and whenever the court requires the statement, you will come and give the statement. Nothing more, then your family member and the lawyer will continue to case in your absence.

Hon Lawyers,

In January 2010 I will go to Gulf for employment. My salary will be  1.4 Lakhs per month in Gulf. So If my wife claims for maintenance, whether court will say to give 25% -35% of my salary to my wife. Because all people saying husband has to give 25-35 % of his salary to his wife. How to avoid giving such a big amount to my wife ?. I dont want to give such a big amount every month to an ADULTERY WIFE. Shall I show to court that I am working in India with lower salary, and I am not working in foregin country ?. Because in Gulf nowadays due to recession companies are reducing manpower. Company may remove me after 2 years or 3 years. When I come to india I cannot pay to my wife everymonth such a big amount.

I am requesting lawyers to clarify. please.

Regards,

Sivakumar

Chennai.

ShriGopal Soni & Sanjeev Kuchhal VIEWS SHOULD BE TAKEN INTO CONCIDERATION, It is very very difficult to prove the case, I have come accrose several cases,where the husband have filed false cases for divorce alleging the ground of adultery, and one person has gone to an extent and also engaged a false witness and made the witness to state that he had lived with his wife in adultery,but during cross examination his version was disproved and the case was dismissed with heavy cost. Hence I agree with ShriGopal Soni & Sanjeev Kuchhal.

She may claim whole world, but will get according to law. Question not that whether she can claim or not, question is what she can get.

Where landed property is concerned, as it is property in your name she can claim it at the time of divorcee proceedings under sec 24 & 25 of the hindu marriage act, which quoted bellow.

Quote

24.Maintenance Pendente lite and expenses proceedings.

Where in any proceeding under this Act it appears to the court that either the wife or the husband, as the case may be,

has no independent  income sufficient for her or his support and

the necessary expenses of the proceeding, it may,

on the application of the wife or the husband, order the respondent to pay to the petitioner the expenses of the proceeding, and monthly during the proceeding such sum as, having regard to the petitioner's own income and the income of the respondent, it may seem to the court to be reasonable.

25. Permanent alimony and maintenance.

(1)Any court exercising jurisdiction under this Act may, at the time of passing any decree or at any time subsequent thereto, on application made to it for the purpose by either the wife or the husband, as the case may be, order that the respondent shall pay to the applicant for her or his maintenance and support such gross sum or such monthly or periodical sum for a term not exceeding the life of the applicant as, having regard to the

respondent's own income and

other property, if any,

the income and other property of the applicant,

the conduct of the parties and

other circumstances of the case, it may seem to the court to be just,

and any such payment may be secured,

if necessary, by a charge on the immovable property of the respondent.

Unquote

First of all they have to claim under sec.24 & 25. If aduitry proved she will not get anything but your child may get maintenance. But one thing proving adultery is very difficult.

It is right to say “I will surrender my wife jewels in the court since I already filed divorce petition under adultery by my wife”. Do it when court orders.

Based on wife’s complaint police can file the case against husband but tell the police in writing that your case already sub judis.

Advice your fighting friends to come and claim at court. Now your rigidity is your weapons.

Though your baby is with his mother, but if adultery proved, then you can demand your baby’s guardianship, as it is not a safe custody of a adulterous mother.

Transfer or gift deed to your babies at this stage is not advisable. This will help her.

You are right on saying “But if I give to my wife, she will sell it and she will enjoy the money with her illegal husband”

You may prepare your ‘will’ in favour of your baby, where it can be mentioned that after reaching at the age of 18 years, they will be entitled to sale it.

You may sell your property also, but it will not be much more beneficial to you as because, if property taken into account, after sale value will be added. To escape it you have to show a low price in your land sale deed.

Your  Lawyer will handle your case instead of you .No problem.

If you do not obey the court, then court may bring back you at India. But not your wife.

In case of your unableness, your lawyear will handle the matter.

No dismissal; no arrest warrant till your lawyear is there; in the meantime  you can change your lawyear also.

If adultery is proved; then no money for her but otherwise court will go according to sec. 24 & 25. Way of calculation is in sec 25.

Do not give false information to the court, it will be contempt of court. If your salary reduces you have to pay low maintenance but for that a separate petition to be submitted.

YOU   HAVE   ENGAGED  A  LAWYER     FOR  U'R   CASE. TAKE   HIS   ADVICE  &   DO   ACCORDINGLY.  ALL    THE    LEARNED   LAWYERSCLUB   FRIENDS    HAVE   GIVEN   GOOD   SUGGESTIONS.   IT  IS   MOST   WELCOME.  YOUR   WIFE   CAN NOT    TAKE   U'R   PROPERTY.