harsh chauhan 23 December 2020

Property claim during divorce process

I belong to delhi and I want to divorce my wife. We live in delhi with my parents and my father is owner of that house. I also own a house in another city Gurgaon which I have declared in my income tax return but my wife doesn’t know about it. I have no problem in providing her maintenance / permanent alimony but I don’t want my wife to claim on my Gurgaon house.

Do I need to show my income tax return at any point in the court during mutual consent divorce/contested divorce for deciding maintenance/alimony ? If it is required, is it OK to show just one page summary that shows how much income tax I filed in a particular year but doesn’t show properties I own? Will I have to show details income tax return that shows what properties I own ? is it necessary to declare all assets and properties that I own in court during divorce process.

I also had another house in Ajmer, rajsathan that I gifted to my relative [last month] that is also declared in my income tax return but I don’t own it anymore. My wife doesn’t know about that house too. Will court be able to see this gift transaction in my ITR and include it for deciding maintenance/alimony? Will my wife be able to claim on that house too which is gifted to my relative and I don’t own anymore if she comes to know about that house?

Please reply.

Serious reply only. No JOKES, NO GYAN and NO BHASHAN please.

Thanks.

Reply Follow

5 Replies

pesgenrotr 24 December 2020

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harsh chauhan (businessman) 24 December 2020

Hmm.. No reply. Did I ask a very hard question? I don't think so.

Is there anyone on this forum who knows answer of my questions and can reply?

Thanks.

SHIVEK J. 06 January 2021

Greetings,

The things which court keep in mind while deciding the quantum for maintenance are,

Income of the party against whom alimony has been claimed,
Property of the party against whom alimony has been claimed,
The income and other property of the applicant,
The conduct of the parties and other circumstances of the case.

As established in Mehboob Production (P) Ltd. v. CIT (1977) 106 ITR 758 (Bom), in order to constitute of income, the receipt must be one which comes in (a) as a return, and (b) from a definite source. It must also be of the nature which is of the character of the income according to the ordinary meaning of that word in the English language and must not be of the nature of a windfall.”

Hence you need to show the complete ITR Report and the inclusion of the properties that are to your name can be granted by court to your wife under the banner of divorce alimony. However, ancestral properties which is in the name of your parents or any other relative cannot be claimed. Hence, in regard with your property in Ajmer, if the property is in someone else’s name, it cannot be claimed by the wife.

Hope this helps.

Regards

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(Guest)

- Relax, in India, wife can only claim maintenance from HUSBAND ONLY. Be it CRPC 125 (Maintenance/Quasi-Criminal) or PWDVA (Compensation/Quasi-Criminal) or HMA24 (Maintenance/Civil).

- No claim on property, as long as it is not in joint account with wife.

- No claim on ancestral property or any property, as long as not on joint account.

-Alimony is decided by factors such as length of marriage, children, status of both spouses, quality of life of spouses. (Psst : Collect evidence to show that you kept wife happy, but she is cruel. Cruel wives are not entitled to alimony or maintenance. Get a clean divorce on that basis as well.)