Gouri (accountant) 11 May 2011

can women get 50% of property

hi,

I got merried in 6/6/2006 last 6/05/2011 I completed 5 years of marriage. in my love marriage. last 5 years my husband cannot spend single 1 rs. on me or my 3 years daughter. and he lived with his parents in village. & I lived with my mom & dad. he was unemployed. actually he was only one son of his parents so, he didn't work.

get cash easily with me every month he get 10,000 from me. in month he come to me for 3-4 days in time of my salary only. then after he go to his parants.& harrasing .abusing, beating me every time when he come to me.

& his parents are orthodox. they think women are only for usage. nobody support me in their family. now I am fedup with all this I hv divorce. I am employee of private fime. there was no job security. So, I hv my 10 tola gold back which they sold for purchase of shop in mall. & 50 % of his whole property.

can I get it?

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6 Replies

RahRamJosh (Software Consultant) 11 May 2011

Looks like u r conned. I would suggest you to approach a lawyer.

Arup (UNEMPLOYED) 11 May 2011

i could not understand, when he beated you regularly, he has a shop in mal, then - why you pay rs 10 thousands every month?

Arup (UNEMPLOYED) 11 May 2011

you have to complane to the court.

you will get divorce but it is doubtfull whether you will get property or not.

shyamsunder (Manager-HR) 12 May 2011

Madam Gauri

Why not raised an appeal for maintanance at at time of devorce. and why you was paying 10,000 Pm means your income was well setteled i f you r not capable to fight with life alone in view of your well setteled monthly income or with your parents it should be think about all before divorce, first set your mind, concentrate yourself what r you thinks or thought about your future, where is your daughter ? flassh on her future and plan honesty. Perhaps, Nobody can share of property without consent of legal property owner even son or daughter also when property owner is live and not willing to registered.

hema (law officer) 12 May 2011

If you have got proof of stridhan, you can recover it.

If you file divorce and obtain divorce, then in permanent alimony, if the property / shop is in his name you will be suitably compensated.

Your daughter will be having maintenance rights from the father's income / property irrespective of whether you get divorce or not. You can file this case for maintenance of your daughter separately.

As you are earning and if he does not show any earning of his own, you may not get maintenance, if you file maintenance case for yourself.

If you have given him the money @Rs.10,000/- per month, you can claim the same, but it is a tedious process and likelihood of winning is slim.

If the property/shop is ancestral property, during his life time, you cannot claim it, but your daughter will be having heirship rights.

(Guest)

Strange to know that you and your daughter did not get any maintenance. There are cases where jobless hubbys were made to pay heavy/luxurious amounts of maintenance to their wives of extremely short duration marriages and without kids.

I think your daughter is fully eligible to get maintenance from her father.

The real problem is that powerful and greedy ones get everything and hard-working wives are left to suffer!