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Thirukumar   27 June 2017

Can wife claim husband self-earned/acquired property

My marriage was arranged in a hurry and I didn't get much time to evaluate her. Soon after the marriage we realized that she started getting aggressive and abusive. Within a month’s time from marriage we noticed odd behaviour and started fighting with all family members. Few verbal fights are recorded in the mobile for the future proceedings.  

It seems she has some problems behaves like a psycho, could not adjust what we have and tortures us daily. I have decided that I would go for a separation.  During our marriage we didn't take any dowry - no cash, no property no car. There were some expenses of about Rs1,50,000 which they paid during the wedding so we returned them that money as well and have a receipt of the same. I am sure this receipt will help me to protect myself in case they claim that we took any dowry. 

I am planning for a divorce. I have a house which is in my name. The house purchased before marriage with a bank loan. The property is self-acquired. Soon after seeing wife's odd behaviour I have gifted my house to my Sister through a gift deed. Now she is the owner of the property. Somehow wife came to know/got the information, that I registered the property on my Sister's name. As per the new amendments in bill related to family/marriage/divorce laws, do I get any problem from wife now?

I am yet to file the divorce or yet to receive the petition from my wife. 

 



Learning

 19 Replies

Kumar Doab (FIN)     27 June 2017

Ref; Title of your query,

 

It is belived that you are Hindu.

Confirm!

 

Kumar Doab (FIN)     27 June 2017

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

Wife is NOT Co-parcener in ancestral property of husband.

Kumar Doab (FIN)     27 June 2017

Generate irrefutable evidence of cruelty by OP.

Thirukumar   27 June 2017

Sir, I am a hindu.

 

Kumar Doab (FIN)     27 June 2017

It has already been posted; it is your self earned/acquired property.

 

If...............and only if Presiding Officer decides to award OP the Presiding Officer can consider estate/earning capacity....................thus capacity to pay the OP.

Outright sale is always better than other modes say Gift, in such matters.

 

Thirukumar   27 June 2017

Sir, what is OP?

 

Kumar Doab (FIN)     27 June 2017

Opposite party; Wife has NO forced share in self earned/acquired estate/property of husband. Wife is NOT Co-parcener in ancestral property of husband.

OP can make any claim; but the court decides on merits.

If you are not skilled to contest as PIP then preferably approach  a very able local senior counsel unshakable repute and integrity  specializing in Family matters. 

1 Like

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     27 June 2017

Originally posted by : Thirukumar
My marriage was arranged in a hurry and I didn't get much time to evaluate her. Soon after the marriage we realized that she started getting aggressive and abusive. Within a month’s time from marriage we noticed odd behaviour and started fighting with all family members. Few verbal fights are recorded in the mobile for the future proceedings.  

It seems she has some problems behaves like a psycho, could not adjust what we have and tortures us daily. I have decided that I would go for a separation.  During our marriage we didn't take any dowry - no cash, no property no car. There were some expenses of about Rs1,50,000 which they paid during the wedding so we returned them that money as well and have a receipt of the same. I am sure this receipt will help me to protect myself in case they claim that we took any dowry. 

I am planning for a divorce. I have a house which is in my name. The house purchased before marriage with a bank loan. The property is self-acquired. Soon after seeing wife's odd behaviour I have gifted my house to my Sister through a gift deed. Now she is the owner of the property. Somehow wife came to know/got the information, that I registered the property on my Sister's name. Do I get any problem from wife now?

 

I am yet to file the divorce or yet to receive the petition from my wife. 

As per the new amendments in bill related to family/marriage/divorce laws: 

my question is : 

1. Can the court revoke the gift deed if my wife contests the divorce? 

2. Can the law point out that this gift deed was contemplated and pre-mediatted before divorce and hence it would be nullified? 

3. Is maintenance should be asked for wife? 

I am only particular about the house which I want to protect. 

 

1. Can the court revoke the gift deed if my wife contests the divorce? 

No.

 

2. Can the law point out that this gift deed was contemplated and pre-mediatted before divorce and hence it would be nullified? 

Court has no power to revoke such deed as it is your personal property and you have freedom to do anything with your property. (Read Article 19 of Indian Constitution – Right to Freedom.)

 

3. Is maintenance should be asked for wife? 

 

Wife can ask for maintenance but you should show your-self bagger. Please get more tips on this on the following link.

https://www.facebook.com/RockySmith4Calcutta

"I am only particular about the house which I want to protect. "

It is better to sell it now.

Indian is suffering with gender biased unconstitutional DVA which has become new curse as it is inciting “Dacoity” in India. To know more on this please click on the following link.

https://www.lawyersclubindia.com/forum/All-gender-biased-feminist-laws-are-unconstitutional--133540.asp

1 Like

Kumar Doab (FIN)     02 July 2017

The BILL is still a BILL.

Until it gets presidential assent and is notified its provisions are not applicable.

Moeover it is felt that the Presiding Officer is to decide as per facts and evidences of the matter. 

1 Like

Adv Radhika Mehta (Advocate)     21 July 2017

The Court does not have the Power to cancel the Gift- Deed but the conduct can definately be taken into consideration. The court can assume that it was pre-mediated and draw adverse inference against you, going to the extent of even dismissing the Divorce Petition filed by you.  So i would advise you not to be in a hurry to file a divorce Petition. 

 The wife has no right in respect of the title of your self-acquired property but a right of residency can be granted by the Court if your wife is presently staying in that house. 

Also, the house can be considered by the Court whilst considering the quantum of maintenance to be awarded to your wife.  

You mentoned a bank loan? How is paying the EMIs presently? You or your sister?

1 Like

Thirukumar   21 July 2017

Hi Radhika Madam,

The divorce petition is yet to file. She is currently staying with her parents after separation.

Wife is a Master Degree holder, worked few months back in a reputed company getting pay 5lakh annually.

Property registration done recently (less than a months time). My sister (the current owner of the property) is taking care of pending loans, therefore I am not paying the loan amount.

 

Kumar Doab (FIN)     21 July 2017

You seem to have done sufficient.

Rest the Presiding Officer shall decide as per matter and facts and merits placed before court.

Kumar Doab (FIN)     21 July 2017

Be informed of earnings and ventures of spouse.

 

Gather irrefutable evidence.

Adv Radhika Mehta (Advocate)     21 July 2017

I am aware that presently there is no Divorce Petition Pending. My advise was not to file any time soon thereafter. 

As far as maintenance is concerned, you need not worry as given her past professional experiences, even if she is not presently working, the Court may be disclined to grant her maintenance as it is well-settled principle of law that a working woman who is able to support herself is not entitled to maintainence.  She cannot sit idle just to harass her husband.  Collect all the proof that you can.  


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