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Max Payne (Manager)     10 January 2012

Divorce and property

My wife and I have been staying separately for close to 2 years.. All efforts for MCD failed. Wife is not willing to divorce and does not even need any compensation..However In laws are waiting for compensation

Here is my question:

1) We have our own house (bought by my mother in 1978) which is old and we want to demolish and build a new one..My mother is a govt employee and will retire in 2 years.

2) I want to be a joint applicant and take a construction loan and build a new house with a project of 50L.

3) I also have a younger brother..

Now- do you think there is a possibility that my wife will come back and file for divorce and claim property rights?


 6 Replies

rahul (director)     10 January 2012

the house is in your mom name. so  she can not ask for her share.

Kamlesh (other)     12 January 2012

Dear Experts : Pl. answer my questions and suggest what to do ?

Q1. My wife filed Maintenance against me, and Domestic Violence against me and my Mom which is not true. We have a kid (Baby Girl aged 3 Years). She stayed with me for 5 months altogether in 4 Years and me & my mother rarely seen my daugher. I am aware that she is working and earning good enough than me. She is Graduate and i am 12th Pass. I have her Bank Statement (Not stamped by Bank) and her Job Visiting Card. Which shows she is earning average 25,000 per month. While i earn 6-7 k per month.

Q2. I don't have any bank balance or property by my name. My Father is not staying with us and I am staying in an house with my Mother, which is on my Mother's name. Can she claim Property right if it belongs to my mother ?

Q3. I filed divorce against her on the basis of desertion for more the 3 years with out valid reason and adultery. as she meets her Boy-friend and i have her call details report for both.and she also confessed against my on our telephonic conversation which was recorded with me ? She is claiming Rs. 10 Lac for divorce and i am incapable to pay her.

Q.4. I am currently paying her the Intering amount ordered by Court under Section 125, and also filed Sec.127 for Nullify or revision of Interim decree. We requested for Witness from her office and court granted and on this 14 th Feb 2012 someone from her office may come to court to prove that she is working and disclose her Salary. Based on That i am expecting some relief from Maintenance case. But I don't know what she and her lawer will do now.

Pl. Help me in this Situation.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     19 January 2012

Max Payne,


Wait till divorce is over, because when you take loan, she would state that you have become party to the house. Though it won't give her any rights but the same can be used to increase litigation.





Shonee Kapoor

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     19 January 2012



If you have proofs of her working of this kind, you can call the records in the court.


She can stake claim on the house by saying that it is a matrimonial home.


Let the divorce case be fought on merits only.





Shonee Kapoor

Max Payne (Manager)     19 January 2012

Sir, what is the process of claiming compensation as per Indian law? How much will the husband liable to pay as per his income? can you please share some math?

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     19 January 2012

There are no fixed formula for the same.


Every case has its own merits and then judicial descrition rules.


Shonee Kapoor

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