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Sridhar V Sridhar (Employee)     09 March 2017

Divorce - property - income

A husband filed contested divorce case under restitution of conjugal rights. His monthly salary income is Rs.35K. He has no other income. He owned a plot bought out from his hard earned money. He has no other property on his name. His brother wants to give a plot as gift now. But his parents have some property on their name bought out from their hard earned money. He has one daughter 4Years, His wife has monthly salary income is Rs.30K; She also has no other income. She is also owned a plot on her name bought out from her money. She has no other properties. The question is: 1. Whether the wife has a right to claim on husband’s property and his parent’s property and his monthly income and his parent’s income? 2. Whether this is the right time to accept the gift from his brother?


 9 Replies

Sridhar V Sridhar (Employee)     09 March 2017

Adding one more question:

3.  At what chaid age, the husband can get custodial right?

4.  What/How can a protect his child visitation right?  if wife family willfully disobey the orders every time?

 


(Guest)
Originally posted by : Sridhar
A husband filed contested divorce case under restitution of conjugal rights. His monthly salary income is Rs.35K. He has no other income. He owned a plot bought out from his hard earned money. He has no other property on his name. His brother wants to give a plot as gift now. But his parents have some property on their name bought out from their hard earned money.
He has one daughter 4Years, His wife has monthly salary income is Rs.30K; She also has no other income. She is also owned a plot on her name bought out from her money. She has no other properties.
The question is:
1. Whether the wife has a right to claim on husband’s property and his parent’s property and his monthly income and his parent’s income?

2. Whether this is the right time to accept the gift from his brother?

Yes the wife can claim the husbands property also and also his parents property and also can claim alimony from is monthly income even if she is earning member.

 

There is no right or wrong time to accept gifts.  You may refer to Bangalore Press calender regarding timing of rahu kala, gulika kala etc if you happen to believe in those.


(Guest)
Originally posted by : Sridhar

Adding one more question:

3.  At what chaid age, the husband can get custodial right?
5 years. Provided child agrees to come with you.


4.  What/How can a protect his child visitation right?  if wife family willfully disobey the orders every time?
Fall to feet of wife and cajole her to allow you to see the child.  All this will be proper if relationship is proper with wife.  It appears that your wife does not appreaciate your being.  Its best to forego seeing child/meeting child etc and let them be peaceful and you find peace elsewhere.  Or else this drama wont end till the day you kick the bucket.  Good luck.
 

     

 

Mukesh sharma (job )     09 March 2017

Hello  Shridhar if wife also earning money every month and she has owen his property than she could not claim for maintain every month but if she claim for child custody and she success to get child custody than if court decide she need more money for her and child maintain so court decide for monthly money other not 

if she got child custody than you ask to give permission for visit to meet your child every month or every week as court decide 

last your wife only claim husband property not father in law property she could  not claim for this 

 

saravanan s (legal advisor)     10 March 2017

as far as the self aquired property of the husband or his parents the wife cant lay any claim over it unless if she can show proofs that he also had contributed money to buy the said property.if she is earning and if you can provide proofs for it she may not be given maintenance but the child would be granted maintenance. as far as the gift is concerned this is not the right time to proceed.if wife refuses to honour your visitation rights then you can approach court

1 Like

stanley (Freedom)     10 March 2017

I agree with Mr Saravanans reply . wife cant claim husbands self aquired property .

1 Like

A walk alone (-)     10 March 2017

1) if husband can prove her earning she may not get maintenance but husband has to pay maintenance to child. 2) it's not right time to accept gift before all settlement or divorce over. 3) as child is girl chances of getting custody are very less. 4) Nobody can predict protection of child visitation

vivek   13 March 2017

please solve my problem. i am in favour of ash*ta please solve my problem as soon as possible.


Attached File : 376444 20170313111639 812706775 abhishek vs ashita.pdf downloaded: 38 times

Sridhar V Sridhar (Employee)     08 February 2021

Blessing you my dear 🤗

 


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