Civil Procedure Code (CPC)

Fake dv case and investments i made in wife's name


My wife has filed a fake domestic violence case against me with all sorts of false allegations.  

While I am responding to the DV case, she is now trying to access the investments I had made in her name.

  1. I was the sole earner in the family and was managing all expenses/savings/ investments
  2. She was homemaker after marriage, by her choice. Otherwise, she is more qualified (MBA) than me
  3. I have invested good amounts of assets in my her name. These are mostly in stocks and mutual funds.
  4. I have digital traces of all the transactions from my account to her account and then going into the investments.

I saw some references to "source of funds" being used as the criteria while making decisions on the ownership of assets.

Can one of the experts here guide me with more references?

https://indianexpress.com/article/cities/delhi/man-buying-property-in-wifes-name-will-retain-ownership-hc-5301180/
https://www.makaan.com/iq/legal-taxes-laws/how-property-is-divided-after-divorce
 

 
Reply   
 
Advocate

Yes even the amount all transferred from your bank account but all investments are in and her name only , you are liable to prove the amounts are your own earn funds. She has right to access the investment because of  its all in her name. you shall  collect maximum sources of evidence to prove its all from your sources of income and you are bound to satisfy the court..  


Total likes : 1 times

 
Reply   
 



Originally posted by : Sankaranarayanan
Yes even the amount all transferred from your bank account but all investments are in and her name only , you are liable to prove the amounts are your own earn funds. She has right to access the investment because of  its all in her name. you shall  collect maximum sources of evidence to prove its all from your sources of income and you are bound to satisfy the court..  

Thanks, Sankaranarayanan. Appreciate your response.

I have the following now:

  1. A recent "statement of current holdings" for the trading account and mutual funds account
  2. Transactions statements for the trading account and mutual funds account
  3. A list of all transactions from my bank accounts to her bank accounts to source the funds.
  4. She did not have a job income in the last 8 years as she was a home maker.

Is there anything else I missed here?

 

Do you have any online references to help me (any section of the law referring to the ownership of assets in my case; or any previous judgements; or any other online posts)?

 

 
Reply   
 

Hello,

You have sufficient documents to show the sources of investments. These sources of investment/funds are important while deciding the ownership of investments. 


Total likes : 1 times

 
Reply   
 
Advocate

A property is often registered in the name of a woman since they enjoy rebate on stamp duty even if the latter is not making any contribution in the purchase. In Delhi, for instance, a woman property holder has to pay only four per cent of the property value as stamp duty while a man has to pay six per cent of the same. This short-term saving often results into long-drawn legal battles when a couple decides to part ways.

To make sure the exceeding painful process is done and dusted quickly, the parties seeking divorce should sit together and decide how they wish to divide the property. If this is left for the court to decide, you are in there for a long haul. An ugly-lengthy divorce would have great financial implications on each party, apart from its mental, emotional and physical toll.

In case the property is registered in the wife’s name only, she can claim the entire property in settlement. If the husband is able to prove his contribution, the court might order a division based on the facts.

 

However all the above extracts from the link you provided points out to the immovable property alone, thus as far as the movable assets that you bought on her name can be established before court on the basis of documentary evidences and claim that she has sufficient means to sustain her expenses besides the current case has been filed by her with an intention to extort money from you or to continuously torture you with false allegations. 

You can discuss with your advocate on all the issues and challenge her false allegations properly.


Total likes : 1 times

 
Reply   
 

if u have all access now sold and return your amount in your account it's best option , bcoz legally it's a long process because now she is sole owner. recovery hard
 
Reply   
 

LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  


 

  Search Forum








×

Menu

Post a Suggestion for LCI Team
Post a Legal Query
Civil Litigation Course     |    x