sulemank 05 October 2017

Rights of muslim wife in husbands property after divorce

Greetings

Firstly I am Victim of 498A, DV Case

Secondly, My mother had purchased a Flat in her name and my name jointly, when I was 18 yrs old, I had made zero contribution to the purchase price of that flat.

I want to know, at in Divorce proceedings, Can my wife demand/claim money on that flat since it is jointly owned by my mother and me

How can I relinquish my share in the flat, My wife stayed only 4 months with me, my wife deserted me exactly 6 months after marriage, We are MUSLIM by Religion

Does she has right to claim over my flat

She has done adultory ( I have proof for it) + dessertation + false cases against me

PLEASE GUIDE ME, THANK YOU SO MUCH

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2 Replies

Vijay Raj Mahajan (Advocate) 05 October 2017

No claim on your property by wife during your lifetime leave aside at the time of divorce both in civil law as well Muslim Shariat law. Give her divorce according to Shariat law if you both married according to the Muslim form of marriage. Yes it should not be triple talaq at one go which is now declared null and void by the Supreme Court but usual talaq giving her three months time as has been set rule by the Supreme Court. Her right to claim maintenance and place of residence at your cost exists under the DV Act that you will have to provide her if she has no income or financial means. Section 498a complaint usually fails but you will have to face trial unless the FIR is quashed by the High Court. vijaymahajan5758@gmail.com