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Puneet (Victim)     26 August 2013

Hma and nri case with inheritable property

As per the new amendment in HMA with IrBm the court shares husbands self owned property with wife and for alimony also calculates the amount from his Inheritable property.

 

Now in my situation where i am a Greencard holder and soon going to be a US Citizen i am not having any property or Income in India and living away from the so called 1 day Hindu unconsumated married wife for past 4 years.In spite of repeated request to annul or divorce she never agreed and she gave me 2 options either live with her or face criminal charges and i am living with this blackmail.

 

After this new law as i don't have anything in India in this case will the court force my parents and brothers to pay the alimony to my wife from my share of inheritable property which is not yet divided ?



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 2 Replies

Tajobsindia (Senior Partner )     27 August 2013

1.    Only if she files for divorce now under “irretrievable breakdown of marriage” and produces property papers of such facts as mentioned in your brief then YES is straight reply to your main query before me.

2.    BTW, under the new Amendment “you cannot resist” at all if she seeks divorce on above quoted ground. Discretion on how much share in (yet to) inheritable property she gets as “alimony is left totally in the hands of ld. Judges” as per the Amendment!

3.    Ask parents / grand-parents to draw up a registered Will before Amendments is Gazette Notified and becomes Law. Then file registered gift or relinquishment Deed in favour of other siblings of your share of inherited property. Or ask them to disown you from inherited property share.

4.    However, all para 4 advice will get challenged once this Amendment becomes Law and if she applies for divorce under para 1 quoted grounds using this Amended Law. .

In your situation if you ask what to do then I would advice to ask her to file Criminal Cases and say to her I would contest them and strive to get acquittal from each one of them eventually. Then in that case it is not called “irretrievable breakdown of marriage” for her to seek shelter to get a divorce and thus no share in your yet to inherit properties !. Only think in that scenario she will end up getting is alimony provided she is not working and that also based on very limited factors of yours. Think calmly about these and take a call very soon. It is not very difficult now a days contesting ‘false criminal cases’ Vs. constantly ‘living under blackmail threats’


“Marriage today means garlanding and taking seven vows to 'adversial Law of the land and not to a wife!” By: Congress Govt.

fighting back (exec)     27 August 2013

@TAJOBS...sir just a brief query i wanted to ask you.....what about jointly held property, between two brothers, how will  the court divide the property futher for wife tofit in that one property??

thanks and awaiting your kind reply


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