Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Aarnav   14 May 2018

Wifes/childs share in husbands property after divorce?

I am Aarnav from Belgaum.

(NOTE: First of all, I am sorry to see that EVERYONE LOOKS CONFUSED, as highly educated Lawyers are making all types of contradictory statements online....Quora, LCI...etc..etc.)

About me: - 40, Hindu marriage, unemployed because of disability due to accident after marriage, wife abandoned as she changed her mind and didnt want to take care of a disabled husband. (Married late, and stayed together for only 2 years)

WIFE: 38, from Mumbai, works as Class - I officer, earns Rs. 82,000/month. Has a luxury 3BHK flat in Lokhand Wala.

CHILD: 4 years old, unemployed but still managing/paying maintenance of Rs. 5000 by taking tuitions, and mom contributing through her pension partly.

QUESTIONs:-

  1. Wife files for Maintenance, but it got denied. So now she has put claims on husbands property/ancestral property, & waiting for Marriage Law’s (Amendment) Bill 2010, to be cleared in the cabinet/RS. Earlier I got a plot from my mother, which at the time of divorce, I again transferred it back to my mom. Can she claim that, if the bill passes?
  2. The house where we are living in, was built by my late father on ancestral land, but by using moms funding/stree-dhan, so after as per his will, after he passed away, the house is in my mothers name. Can she claim that house? Can she claim at least the ancestral land after divorce?
  3. Can the child claim ancestral land, even when father is still alive?
  4. Wife has ZERO financial contribution in any of our property, but has filed claims for HERSELF as well as the CHILD? How valid are these claims?
  5. Also after the Marriage Amendment Bill passes, what and how much wife can claim in husbands self-acquired or ancestral property (which was transferred back in moms name, as it was hers originally) + (No property is in husband’s name right now)
  6. I can understand, that women want EQUALITY (and should be given equality, I agree), but with 90% of the laws in favor of women, and only wifes can claim on husbands property, and not vice-versa, how is this equality?

Thanks in advance, Aarnav.



Learning

 7 Replies

Aarnav   14 May 2018

CORRECTION:-

CHILD: 4 years old, living with his mother in Mumbai, Father is unemployed, due to disability, but still managing/paying maintenance of Rs. 5000 by taking tuitions, and husbands mom contributing through her pension partly.

 

Aarnav   14 May 2018

I dont have enough financial means, so I cant afford an expensive lawyer, and hence asking for an expert advice here.

Thanks again in advance. Aarnav.

Helping Hand ! (Advocate )     14 May 2018

Originally posted by : Aarnav
I am Aarnav from Belgaum.

(NOTE: First of all, I am sorry to see that EVERYONE LOOKS CONFUSED, as highly educated Lawyers are making all types of contradictory statements online....Quora, LCI...etc..etc.)

About me: - 40, Hindu marriage, unemployed because of disability due to accident after marriage, wife abandoned as she changed her mind and didnt want to take care of a disabled husband. (Married late, and stayed together for only 2 years)

WIFE: 38, from Mumbai, works as Class - I officer, earns Rs. 82,000/month. Has a luxury 3BHK flat in Lokhand Wala.

CHILD: 4 years old, unemployed but still managing/paying maintenance of Rs. 5000 by taking tuitions, and mom contributing through her pension partly.

QUESTIONs:-


Wife files for Maintenance, but it got denied. So now she has put claims on husbands property/ancestral property, & waiting for Marriage Law’s (Amendment) Bill 2010, to be cleared in the cabinet/RS. Earlier I got a plot from my mother, which at the time of divorce, I again transferred it back to my mom. Can she claim that, if the bill passes?
The house where we are living in, was built by my late father on ancestral land, but by using moms funding/stree-dhan, so after as per his will, after he passed away, the house is in my mothers name. Can she claim that house? Can she claim at least the ancestral land after divorce?
Can the child claim ancestral land, even when father is still alive?
Wife has ZERO financial contribution in any of our property, but has filed claims for HERSELF as well as the CHILD? How valid are these claims?
Also after the Marriage Amendment Bill passes, what and how much wife can claim in husbands self-acquired or ancestral property (which was transferred back in moms name, as it was hers originally) + (No property is in husband’s name right now)
I can understand, that women want EQUALITY (and should be given equality, I agree), but with 90% of the laws in favor of women, and only wifes can claim on husbands property, and not vice-versa, how is this equality?


Thanks in advance, Aarnav.

You have answered your question. What more you seek answers than this? 

You already hired a advocate for this case. Take his opinion. Dont post such stories only because you have access to internet which seems to be the case.

These type of forums, platforms such as quora, legal aid etc LCI are for people who dont have a advocate. You are already paying maintenance.  If you were disabled. You should not have paid any alimony or maintenance to anyone.  By paying alimony or maintenance of Rs 5000 thus far, you proved that you are able to feed yourself and also take care of such expenses such as maintenance of 5000 per month towards kid.

You have answered your question. 

That amendment bill? and you are saying everyone looks confused? It is you who is confused not anyone else.  You already have a advocate. What is his opinion? You have not mentioned anywhere.  If you were not satisfied with his opinion which appears to be the case, you could of instead of posting on internet your sad story which is of no consequence to anybody, due to availablity of internet access, changed the advocate and hired a better advocate than the present one.

Why simply confuse yourself by asking on platform here and getting 10 replies and getting confused even more.

As you are crippled why dont you go and stay with your rich wife? One hand you are crippled. You need not do anything.  You just lie down and watch tv in her lokahandwala flat instead of biting nails thinking about how your wife will take away your property which is of no use to you anyway.  Your mom will live for some years then what you plan to do? Instead of thinking about it then, join your wife. Lead married life.  You live or you die, your property is gone this way or that way to the opposite parties.  If you dont have money to fight court cases by hiring best lawyer, then you should not have got married at all.  All answers you know. Why dont you try re-joining your wife?


(Guest)

Man should not marry Indian woman.  Indian laws ensure indian wife get maximum out of any man's life.  Your wife can claim somehow using some loophole of law your property.

2 Like

Aarnav   15 May 2018

Dear Helping Hand,

Thank you for taking out your time to reply my post.

CORRECTION: With my disability, I struggle to earn Rs. 5000, by taking tutions, but the ACTUAL maintenance awarded to the child is Rs. 8000/month. Why? (Rest 3000 my mom is paying out of her pension)

NOTE: Different people are saying differnt things online, so why is there so much of confusion.

EXAMPLE 1: My wife filed for property suit, which means "her lawyer" must have told her that she can claim husbands property, for herself as well as the child. Is this true? 

EXAMPLE 2: Even on this forum, I see different answers on different posts, which has similar query.

No offence to you or anyone. God bless us all.

Aarnav.

Kumar...... (occupation )     15 May 2018

@Helping Hand ! 

please check your inbox 

 

TGK REDDI   16 May 2018

The institution of marriage should be done away with.       This's long overdue.  

2 Like

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