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Krish Narayan (Advocate)     06 February 2011

Does Wife can claim share of husband's property on divorce?

It is an Indian case. Parties are Hindus. Husband is a lawyer and author of several law books. Wife is B.Com., discontinued.

Husband started a book publication concern in her name by investing his money and he published 4 law books through that concern. Now wife filed divorce petition against the husband where she pleads that she worked along with her husband and husband purchased properties in his name. Husband has immovable property in his name as his self acquired property purchased out of his personal income.

She says that she managed the day to day affairs of the concern by raising bills, invoices, attended phone calls and clients. But the publication concern started in wife's name went in loss. At the same time she admits that she has no knowledge in law to publish law books.

Now the question is whether her claim over the husband's self acquired property is sustainable on the foot that she also contributed to the profession or work of the husband?



Learning

 5 Replies


(Guest)

pls reply 

Arup (UNEMPLOYED)     08 February 2011

yes.

go ahead.

maintenance claim.

1 Like

Suni (A.M-HR)     10 February 2011

Dear Arup Sir,

Please guide what all the circumstances where women can claim for husband Car also which he bought after marrige and women also paid the amount , but the same is in Husband name.

To harrse a wife her husband has given the same to his father (Husband father )it is lying in his house.

Kindly advice.

 

Regards

Sunita

Tajobsindia (Senior Partner )     10 February 2011

Originally posted by :Suni
"
Dear Arup Sir,

Please guide what all the circumstances where women can claim for husband Car also which he bought after marrige and women also paid the amount , but the same is in Husband name.

To harrse a wife her husband has given the same to his father (Husband father )it is lying in his house.

Kindly advice.

Regards

Sunita
"

 @ Sunita


So it afterall comes down to "CAR" not love between couples, not even duties towards husband, neither others and nor even respect to him.................but a car.

Remedy:
1. You have to file a Divorce Case citing 'giving car to FIL instead of to wife, though car is sitting ideal at porch' as "grounds for divorce" and it is obvious that you will get division of assets (at the time of alimony) with a framed decree if you manage to just proove above hinted 'grounds' for divorce at the end.


2. Appreciate for mentioning in public forum "that car was purchased after marriage by him"  atleast he is saved from Dowry (car from inlaws) charges !

1 Like

Arup (UNEMPLOYED)     25 March 2011

SHE CAN CLAIM, NOT IN DIVORCE CASE BUT IN MAINTENANCE.


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