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Tejal (house wife)     29 March 2012

Regarding alimony & maintenence

My father is investingĀ  his money on my name in stock markets & LIC polices from the 6 years before my marrige & my accounts are also being operated by him.even after a one year of my mariage.In stoke market no one gains constantly.so he had faced loses also .

I want to ask, I have never done any job in my life & not earned any money. So whatever investments have been made on my name is not from my money , but from my father's money.1..So can it be concider as my money at the time of getting maintenence or alimoney from my husband.? 2..& this investments have no regular income sometimes it convert in to lose also so does it effect on my monthly maintanaince ?

& one more thing i have not file any case regarding maintanance or something else. But My husband is jobless & he told me he will file 125 on me.So my queations are 1. " Does my investments consider as my property or income at the time of alocating maintenace to my hubby? 2..does he or me have any right on my father's earned money. 3 .Can i ask him to join my home as gharjamai when he files for 125 on me as he wants to change the trend , same like man asks his wife iĀ  will pay her expences if she will live with me at my home?



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 10 Replies

Tejal (house wife)     29 March 2012

I m sure all the victim man will be happy after hearing about my hubby's intention.Pls answer my questions not only make comments.

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     29 March 2012

Dear Ms.Tejal, 

Let me dispel all your doubts :-

1) Husband cannot claim maintenance u/s 125 CrPC, he can do so only theoritically under Hindu Marriage Act provisions - but only when a divorce or a RCR case pending. Practically there have been only a handful of cases where husbands have succeded this does not appear to me as one such case.

2) Since you've never worked and your father has done all the investments in your name, that would not disentitle you from maintenance.

Ranee....... (NA)     30 March 2012

 

3 .Can i ask him to join my home as gharjamai when he files for 125 on me as he wants to change the trend , same like man asks his wife i  will pay her expences if she will live with me at my home?





very nice, tejal.I appreciate your idea.You can do that because if he doesnt join you in such case he is not eligible to get maintenance.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     30 March 2012

Yes, the investments in your name would be considered while award of maintenanec.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

2 Like

Tejal (house wife)     30 March 2012

Thanks Mr. Bharat & Mr. Shonee kapoor. I m confused in both of your replies.

Shonee sir,

Whatever investments had been made is from my father's money. & he can take them whenever they want. He can also make my accounts nill. so how does it consider as my money?As i know after marrige only husband is responsible to maintain his wife not her father.


1.I have not done job because of family restrictions & in future also my parents not allow me to do job.so can caurt force me to do a job without my wish or my parents wish?

2.My husband is foreign return jobless, & he is not doing any job after the marrige to get money from my parents & recently he is eating pension of his parents. In this case can court fource him to do job to maintain his & my self as he is well educated, well experienced & very healthy, In both cases if I aply for maintainence on him & if he aplly for maintanance on me?

Never Give Up (Fighter)     30 March 2012

According to me husband can claim maintenance from wife showing her Income tax returns of past few years and showing the valid reason why he can not work to court.

 

Also if he produces your income tax returns in court means you would get very little / no alimony irrespective of thats your fathers money or your own money.

Tejal (house wife)     31 March 2012

There is not any IT Returns of mine & investments amount is only 2 lacs .

1.Can my father took out these amount from my name to my mom's name or according to his need ?

2.Does court ask why the demat account has been nill suddenly?

3. If there is not any IT return . Can court  or my hubby know about those investments ?

Ranee....... (NA)     31 March 2012

Dont take so much tension.Tell your father to invest the amount in some other instrument making you nominee.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     01 April 2012

The money was given to you by your dad. It become yours

 

Now only you can transfer it back to your dad. And when you do, the husband can say that you have done so to get maintenance.

 

However, if the total amount us 2 lakhs, it is not considerable, and if husband is working and earning well, you might get maintenance.

 


Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

Tejal (house wife)     13 May 2012

Thanks Mr. Bharat & Mr. Shonee kapoor. I m confused in both of your replies.

Shonee sir,

Pls some one reply on my this query.

Whatever investments had been made is from my father's money. & he can take them whenever they want. He can also make my accounts nill. so how does it consider as my money?As i know after marrige only husband is responsible to maintain his wife not her father.


1.I have not done job because of family restrictions & in future also my parents not allow me to do job.so can caurt force me to do a job without my wish or my parents wish?

2.My husband is foreign return jobless, & he is not doing any job after the marrige to get money from my parents & recently he is eating pension of his parents. In this case can court fource him to do job to maintain his & my self as he is well educated, well experienced & very healthy, In both cases if I aply for maintainence on him & if he aplly for maintanance on me?


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