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HelpmePlzz (-)     06 October 2015

Wife wants property which is my name.

Hi All,

Thanks for your previous suggestions. I am still continue to have family issue with my wife who is also a lawyer. I have been married for about 6 years now and have a daughter 3 years old. Wife keeps threatening me for police and court (DV and 498A) for almost every single argument that we have. Her parents support her and talk in the same style. She becomes abusive as well. I have a flat registered in my name before my marriage, we are residing in it. She has an eye on it. How can I save my flat. Would selling it without her knowledge be a wise option? Could you file a case against me or the person who would buy it.

I have been told that she could ask for stay order for the flat from Court. Under what circumstances, she can apply for a stay order from the court? Would I be notified if she files a stay order on the flat? Wondering if she havent done it already without my knowledge? Please guide me.... thanks..



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 5 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     06 October 2015

@author, you purchased the flat before your marriage which your own property.  so she cannot claim any right over the property.  however file a case in a court of law against dv case by consulting an experienced lawyer of your area.


(Guest)

Hello,

 

With a daughter in hand and a marriage of 6 long years, why do you want to part from family life?

 

Not everybody gets a chance to have daughter and a family life with wife and daughter, there are people who want kids but don’t have, there are women who want husband but don’t have, there are kids who long to have parents but don’t have.  Why don’t you try to resolve issues with your wife and pacify with her, if she wants to harass you she can simply wear her coat and collar and go to court, her profession itself is of lawyer, for her it wont make much difference, but for you it will become living hell.  With property in hand, and the profession she is in, you have let her grip you properly.  Now nothing much can be done, she can do whatever she wants and you will just have to face the music.

 

You will have to shell out money everywhere, but she need not, she herself is lawyer, major chunck of money she will save as she is handling her own case.

 

If she is only threatening then you can as well talk to her and try to pacify her, law is in accordance with woman and not with man.  So why fight a lost battle, simply it will be waste of time and money running behind cases and court.  It is easier to say SORRY, and IT IS OK than run aimlessly and endlessly to court without no fruit, you might not mean it, it is the age of marketing, polish her and everything will be fine.

 

If not, the law and lawyers are always there and be prepared to face anything and everything as she can do whatever she wants!

HelpmePlzz (-)     06 October 2015

thanks for your replies... Please could you let me know under what circumstances, she can apply for a stay order from the court? Would I be notified if she files a stay order on the flat? Wondering if she havent done it already without my knowledge?

saravanan s (legal advisor)     06 October 2015

she doesnt have any claim over the flat as its your self aquired one.so there doesnt arise any cause for her to get a stay order against you.

SAINATH DEVALLA (LEGAL CONSULTANT)     07 October 2015

She will have a claim only on the property pruchased during marital life,she cannot claim any right or share for the property brought before marriage or even in the ancestral property.


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