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Never go on face value (Manager)     14 June 2013

Can wife claim property of the company ?

Dear Experts,


I am facing a DV case and my wife has asked for host of reliefs.

Since late 90s, I am emplyed as Managing Director of a closely held private limited company with shareholding of @ 15%. Past three years I am drawing salary of 40000 / month.  My taxable income is less than 500000 / PA.

Citing that I am living a very luxurious life,  my wife (who has hardly stayed with me for 52 days in spell of six months) has filed for Maintenence of 5 lakhs / month and 1 lakh / month towards rent of a similar type accomodation. 

She is emplyed and earning about 18000/ month past 6 months. 

My FIL is a lawyer and has threatened me that they will ensure that they get a share in the properties held in the name of the company  i.e offices / other fixed assets / cars / land etc.

Is it true? can they do it? How can anyone claim anything from a company in which a person is working? For e.g. if anyone has grievances against Mukesh,  how can that person claim the properties in the name of Relia...? Is it not unjust? 

Kindly let me know if they can do it or not ?

Thanks in advance 


 9 Replies


No need to worry.  Mere filing DV case does not mean anything.  Domestic violence should be proved, then only relief will be given under PWDVA 2005.

1 Like

Adv k . mahesh (advocate)     14 June 2013

in your case being your father in law a lawyer he thinks by threatining you will come to there way and will come for compromise and will pay what they want 

so be active in your case and properties of a company will not be attached for mare DV case and already your wife is working means first take evidences of her working and also the salary statement for future evidences 

and if you have childrens then you have to pay maintenance 

1 Like

Sudhir Kumar, Advocate (Advocate)     16 June 2013

If you FIL is lawyer then take note:-


(i) no university excludes Copmpany Law from LLB Syllabus

(ii) corporate law paper always have question on lifting of corporate veil.


1 Like

Never go on face value (Manager)     17 June 2013

Dear Sudhirji,


There are many laws in this country which are ment to protect. DVA is one of them. The question is: What to do when people mend it to benifit from it. A common man cannot fight a renowned lawyer and that too in a court where he is practicing past 40 years :)

To be honest, I did not understand your answer. Still I will try to google Corporate law and will try to find it.




Please do not worry, at the interim stage, interim maintenance will be granted taking into consideration your income/liabilities/expenses and her income.

If she is earning Rs.18,000/- p.m. she won't get maintenance...What Sudhir Kumar said corporate veil can be lifted .......means....this is pvt ltd co and I think u and some other family members may be directtors...so the court may take into cognizance the properties owned by you...but there are hardl any chaces of her getting any property...domestic violence has to be proved...


at the most if she files for injn for not seeling the propertis of the company, the court may grant temp injunction, ultimately it wont survive

she has hardly stayed for 52 days

no matrimonal contribution so just dont worry


n concentrate on yr business


be in touch for legal advices


Anamika Vichare

Advocate, High Court

Purush Hakka Saurankshan Samittee

Family Court, Bandra, Mumbai



btn 7.30pm-9.30pm Monday-FRiday

stanley (Freedom)     17 June 2013

Wether your father in law has 40 yrs working experience or 5 yrs experience in a court it does not matter . He would have to fight his case as per law . And there is no seperate provision for  him as per law that he can avail of the same .Its the same for the applicant and the respondent to contest . 

1. you have not stated wether your children are major or Minors . If they are below the age of 18 than maintanence is co-extensive and both you and your wife  have to provide maintanence for them as your wife is a working women . 

2. As you have stated that your wife is a working women and she is able to sustain herwelf with the income she is earning than you have to prove the same in court and once proved than maintanence would not be provided .

3. The heights of your Fil is the height of stupidity by the mere fact stating that he can claim a stake in your properties .The next time he threatens you tell him to read the DV act properly else tell him that you will buy a copy of the PWDVA and gift it to him in order to educate him ;)

 Your wife can only claim RIght to residence under section 19 of the DV act or she can claim rent in lieu of RTR in case you state in court that you dont want her and maintanence under section 20 of the act provided she is not a working women .

Last of all to claim all these reliefs allegations have to be proved . Litigation takes years .

First trial court is you are unhappy with the order than sessions court next high court and than supreme court  till than your wife would accumulate wrinkles and grey hair and your Fil would be one step in the grave and may be he would be using a walking stick

1 Like

Never go on face value (Manager)     17 June 2013



This was my second marriage. I have a son of 17 years who is differently abled, with IQ of 60 and a daughter of 11 years.

The 'girl' I married is 38 now and it was her first marriage (at the age of 36). She blames me of ruining her life as she would be having a tag of 'divorcee' now but she fails to understand that my life has come to end because I have no one to take care of the kids except my disabled mother who can hardly move.

Anyway, the point is about the influence. During mediation, I was told that it is regular practice that a lawyer / judge would not go against the practicing lawyer / judge in the same court. Isn't it the beauty? My FIL ensured that no good lawyer will take my case. When I approaced one of them, he took the case details from me and now he is fighing the case on their behalf. :)

On demand of 5 Crores ( as in the application of DV) I was asked to pay atleast 30 lakhs. 

Yes, I have a decent house to live in but then, it was built by my father who passed away in 1997 and is owned by my mother now. She herself has SMS me that "In no respect you are a wealty man and your standard of living is very ordinary" She further says that "she did not see any money while she was with me and I am a very poor person with ordinary means"

Now, If I have to even rent an accomodation of equal standard, it will cost me more than double of my monthly salary. But, the most important point is, Scintifically, one gets used to given enviorment, if one stays so for consequetive FIVE weeks. She has hardly spent three weeks with me at a go.

Isn't it unjust to squeez husbands where the marriage lasted few weeks?

I might have good case at my hand but given the way everything functions, it breaks you mentally and physically.

Thanks for your valuble input.

stanley (Freedom)     17 June 2013

As the kids are with you and are being looked after by you hence she cant claim maintanence for the kids .FIl may influence the judge in his court of practise but i dont think so he can infulence the judge when you appeal in the next court :(

1. You have not stated about any order being passed for maintanence . 

2. you have not stated if mediatation has failed or succeded . If it has failed than contest the case and do not agree to their demands .

3. In DV act she can claim right to residence only as for rent it comes into question when you dont want her back into your house . The court will take into consideration your liabities first and than decide on the rent to be awarded after taking into question your cost of living and your other liabities .

1 Like

Never go on face value (Manager)     17 June 2013



The kids are from earlier marriage. She stayed with me for just 52 days in spell of six months. 10 days, 8 days and 34 days respectively if first six months of marriage.

No order passed yet. Has apeared in court for 3 times 

On first instace they insisted on 30 lakhs + and I refused. Second date is due next month for mediation but likely to fail as they are adamant on more money.

She has asked for residence in equal terms I am living into or rent of 1 lakh / month :) 


Thanks Sir

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