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S (Executive)     02 June 2012

How to save property in divorce case

Hi,

I want to file a divorce against my wife. Our marriage is 2 years old and during this period she has never tried to co-operate with me in any way. I have already discussed this with her and my parents but to of less use.

I am tired of this behaviour of her's and now i need a divorce. I own a flat in Mumbai which I bought before our marriage. Does she has any right to claim her share in it during divorce case ? How can I save my property from her ?

What other aspects I need to take care of ?



Learning

 19 Replies

manish (cdsdfasd sdf)     02 June 2012

before you start your case, either sell off your property or transfer it to your parents name. Are you staying in that property? if yes, then its dangerous because she can claim residence in that property saying that its her matrimonial home and then you wont be able to do anything..

 

join save india foundation in mumbai and talk to people in similar condition as yours. google the name

cm jain sir (ccc)     02 June 2012

Immediately sale it or transfer it and join siff warriors team in mumbai. 

Keep awareness about the present laws.

But if she is really not manageable then only, becoz you have to loose many things when war starts!

Sanyam Malhotra (Advocate)     05 June 2012

Well there are many things to be considered...

Is she willing to give you divorce? Right now you living together or separately?

Why is it exactly you want divorce? Please elaborate as to why your relations with her now are strained? It seems you have been subejcted to cruel behaviour by you beloved.

You can get tatkaal divorce if you can prove that an 'írretrievable breakdown of marriage' has occasioned. This is the fastest way anything else will take some time.

You will have to pay some amount as maintenance if she pleads financial inability to support herself or a child if any out of the wedlock. If she has a job you might get away without paying her a single paisa but will still have to maintain your minor children.

 


(Guest)

Inspired by Indian Railway, Tatkal seva started by law commission of India.

Mahendra Vadia (+91 9825307466)     06 June 2012

However, No TATKAL chrage for that.


(Guest)

Transfer your flat by a registered gift deed to your mother or father. The flat is a 'shared household' within the meaning of Domestic Violence Act, and she can get a right to residence in it.

 

Regards,

Ashish Davessar

Advocate

Anir (Supervisor)     07 June 2012

I am sailing in same boat. I am joint owner of a flat with my brother. She has filed few cases like 125c and planning to file 498a. War started but no divorce case filed from both end. So should I transfer my share to brother's name. I am scared that she and her lawyer would take it intentional transfer as they have filed case and in anticipation of Divorce I transferred my share. Transferring to brother or in name of parents would be fine? please let me know. 

Anir (Supervisor)     07 June 2012

Apology for 2 submission it was due to error

bsgohil (baroda)     08 June 2012

hello sir, i have filed 4 divorce,and i have home in my name if i want 2 get registry in sister name can i do it,


(Guest)

Yes, you can do it.

S (Executive)     30 June 2012

Thanks Sanyam for your reply.

We are staying separately since nov.2011. 

The problem between us is that she doesnot even try to understand me. Agreed that mistakes happen !

Quarrels happen. But not a single time she has agreed to tha fact that she too is guilty for this.Every time she points out towards me and somehow convince her family that I am responsible for all the happenings.

I have tried to discuss with her family also but they too are on her side which is obvious !

Since marriage I have gone through a very dire stage. Our marriage is 2 years old now and of these days only 6 months we have stayed together.And in this 6 months she has not behaved properly.

Every day she comes up with some thing and fights with me. I am very very tensed and really comfused as what to do further !!!

If I opt for divorce I am worried as will I have a disadvantage of that ?

 

Please help me out of this. I own a flat and if I have to proceed with divorce I dont want to loose it as I have brought with my hard earned money of which a big amount og loan is pending !

You know how hard and difficult it is to get a house in mumbai.

I dont want to give a girl anything from that who have never cared for me.

Hetal (sdfsdf)     01 July 2012

I agree with others please transfer the propety on paretns or sibling name. She can claim house as matrimonial house if house belong to husband. Your first step is to focus on your property , get property work done then think about what she has done to you or divorce. 

As per amit batra case wife can't claim any property from family members.  Here is verdict (judgement of supereme court)

 

If the aforesaid submission is accepted, then it will mean that
wherever the husband and wife lived together in the past that
property becomes a shared household. It is quite possible that the
husband and wife may have lived together in dozens of places e.g.
with the husband's father, husband's paternal grand parents, his
maternal parents, uncles, aunts, brothers, sisters, nephews, nieces
etc. If the interpretation canvassed by the learned Counsel for the
respondent is accepted, all these houses of the husband's relatives
will be shared households and the wife can well insist in living in
the all these houses of her husband's relatives merely because she
had stayed with her husband for some time in those houses in the
past. Such a view would lead to chaos and would be absurd.. It is
well settled that any interpretation which leads to absurdity should
not be accepted.


21. Learned Counsel for the respondent Smt. Taruna Batra has relied
upon Section 19(1)(f) of the Act and claimed that she should be given
an alternative accommodation. In our opinion, the claim for
alternative accommodation can only be made against the husband and
not against the husband's in-laws or other relatives.


22. As regards Section 17(1) of the Act, in our opinion the wife is
only entitled to claim a right to residence in a shared household,
and a 'shared household' would only mean the house belonging to or
taken on rent by the husband, or the house which belongs to the joint
family of which the husband is a member. The property in question in
the present case neither belongs to Amit Batra nor was it taken on
rent by him nor is it a joint family property of which the husband
Amit Batra is a member, it is the exclusive property of appellant No.
2, mother of Amit Batra. Hence it cannot be called a 'shared
household'.


 

Hetal (sdfsdf)     01 July 2012

It's better to pay stamp duty, transfer charges of 2 to 4 lakhs and save the property  then let it go to your wife. If you find buyer for your property sale it as soon as possiable.  property work you need to do very carefully , if your wife comes to know about transfer of property etc. she might issue legal notice to society secretary not to issue NOC (if you staying in registered society) . In mumbai society secretary think themselves owner of the building.

All the best.

S (Executive)     29 July 2012

How about gift deed ? how much safe is it if I gift my property to someone reliable and save it ? Can she still claim right on it ?

What if her lawyer asks me why have I gifted the property ? What should be my answer then ?


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