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Priya (Associate)     20 September 2013

Inherited property in case of divorce

Hi,

  I have been married for 3 years and have 2 daughters (2 yrs and 3 months old). I had physical and verbal abuse in this marriage. I am currently living in my mother's house because of my husband's abusiveness. I am running family with my salary right from marriage. He is not supportive physically and financially.He owns bakery shop. Now after 3 months he called me and didnt attend any of his call since i am really fed up. Now he is telling me that he is going to file divorce. He has inherited property from his father. (77 cent agricultural land and 8 cent home land) Will we (myself and my daughters) get anything from his inherited property. 

p.s i am working in IT company. am i eligible for compensation incase of divorce?



Learning

 32 Replies

Tajobsindia (Senior Partner )     20 September 2013

To your first question as such share to grand children (2 years and 3 months) as any of the legal heir doesn’t arise if at the time of death of their grandfather their father was alive! The grandchild or children can claim as a legal heir if their father who is the actual children of grandfather was dead at the time of the death of the grandfather not otherwise.

To your second question you may press claims for maintenance and litigation expenses as and when divorce suit matter by your husband is filed. It is for a Family Court to decide based on facts if you are eligible or not for interim maintenance. However based on marriage you may be eligible for Alimony (permanent maintenance). But, minors are eligible for maintenance from natural father. Quantum may be based on leading facts either parents or only one is found to be working.

Suggestion:
Since he has recently called you and hinted on filing divorce suit matter and facts as in these brief states parties are living separate and have two minors out of the marriage then suggested to sit with him number of times and amicably settle on parting or rejoining.
If rejoining him then it becomes nobody's case.
If parting from his is in the air then amicably talk with him on settlement of maintenance, child visitation / custody issues half way and opt for Mutual Consent Divorce based on limitation – procedural Laws which will benefit all parties to this marriage in the long run.


(Guest)

@ Tejobs sir

However based on marriage you may be eligible for Alimony (permanent maintenance).

How can lady working in  IT eligible for permanent Alimony ?????????????????

Thans

T. Kalaiselvan, Advocate (Advocate)     21 September 2013

Ms. Priya,

If you are not inclined to return the matrimonial fold, arrange for talks about the children' future with your husband, ask him to make a settlement of properties on your children name and let him be the natural guardian to the minors until they attain majorities, if you do not require one time settlement of money, ask him to deposit a handsome amount on your children name in any bank and the certificate be handed over to you, on fulfilling  the conditions, you may opt to keep him out of your life permanently through a MCD.

Advocate T Kalaiselvan, Vellore, Ph: +919443441062

Pooja_____ (HR)     21 September 2013

@Hats Off to and Raj123

There is a big misconception on this forum that working wife does not get permanent alimony. All the lawyers tell personally to the wife that she must fight for permanent alimony either thru MCD or by filing cases.

There is no citation, which says that working wife can be denied permanent alimony. Supreme Court in the case of Naveen Kohli vs Neelu Kohli gave permanent alimony of Rs. 25 Lakhs to wife, who was a proprietor of a company.

Maintaining a wife is responsibility of husband and section 25 of HMA clearly states that wife must get permanent alimony irrespective of her working or financial status. 

Soon with IRBM wife will get share in the inherited as well as inheritable property.

You all will start crying soon and will continue to cry forever.  


(Guest)

@ Pooja--------

I think you  also having a big misconception that at any cost husband has to pay permanent alimony to wife. 

Have you ever thought what if husband wins RCR ???????Then even if wife is not employed she is denied maintainance. If you want to get more clarifications, i would suggest you to go through www.advocateseema.com . there are lots & lots of judgements available where maintenance is denied to wife. & also hubby can get divorce after 1 yr if decree is not followed by wife. So think over it who will cry forever in such case.

Regarding IRBM, I  think those who are not experts in indian laws should not comment on IRBM because i think nobody knows what is going to happen exactly about IRBM.

But since you have raised the point of IRBM. Let me confidently  tell you that IRBM is applicable only for those couples who are separated for more that three years.

If any wicked lady keeping eye on the property/properties of her husband & waits for 3 yrs of separation & then files divorce under IRBM. I m sure that time she will come to know that her husband has become sadakchhaap & not owning any property. He will definately dispose his property well in advance. So waiting for 3 yrs will go in vain. So again think over it  who will cry forever in such case.

I m also fighting divorce & alimony case. and if you will be avialable on LCI, i will share with you my case that how my wife lost her pemanant alimony case. 

That may be good example for you to drive away your misconception that only husbands have to cry

 

Take care

Pooja_____ (HR)     22 September 2013

@Hats off

Your confidence may be categorised as over confidence. I could not find any citation where permanent alimony was denied to working wife. I agree that there are many judgements, wherein interim alimony is denied to working wife. Please read and understand the difference between the two. I would be happy if you can provide me a single judgement of SC, where permanent alimony is defined to wife just because she is working.

Please read supreme court's judgement on Rohtash Singh vs Smt. Ramendri & Ors. In this case, husband got divorce on ground of desertion. Wife was denied interim maintenance but after divorce wife was given maintenance u/s 125 CRPC. Please note.

Regarding IRBM, It is not easy to sell properties and become sadakshaap. It is like digging your own grave. Because property sale and purchase involves capital gain tax and registration tax. Selling a property without buying a new one, you will end up in paying capital gains tax. Also, It is not guaranteed that Courts will ignore the fact of selling properties by husbands. What will you do, if Court holds husband guilty of selling properties to deny maintenance to wife?

I am writing all this because by knowing reality you can take better decisions for the benefit of you and your wife.


(Guest)

@ Pooja-----

I think you have delibrately filtered my one point, that what if husband wins RCR?????????

You have not mentioned anything about this??? May i know the reason????

I think you are aware about the pathetic situation of wives in case husband wins RCR.

& if you are not aware i will send you many citations about denial of maintenance in such cases to upgrade your knowledge

 

Thanks

 

1 Like

great india (manager)     22 September 2013

hi pooja this is for you please apply your logic and knowledge in this case....
1. if an adulterous wife barges in husbands self acquired property which he gifts to his mom before she files 125 and rcr....husbands gives say and ready to co habit but in rented accomodation...wife refuses interim denied....2yrs over.
2. husband files divorce on desertion and mental cruelitiee but before that he gifts a self acquired flat to his mom before divorce filing but wife barges into that flat anf files dv now awaiting summons.
3. now according to your hyped IRBM if husband joins matrimony within 3 yrs so wifes 3yrs seperation for perm alimony fails.....right.....???
4. now husband withdraws divorce as he does nt care he gets a divorce decree or no as bcos he 2 has a gfrnd now and live - in with her but plan of wife fails.......also 24 hma interim by wife gets stopped as divorce withdrawn......
5.if no divorce to wife and no rcr in favour of wife , 125 by wife interim and final denied so which law on earth would give her a share of husbands ancestrsal property..???????
6. wife left with a 498 in mere future and a dv to harass husband still husband never opts for divorce again so please enlighten me by your new IRBM mam

Pooja_____ (HR)     22 September 2013

@Hats Off

I have given you citation of maintenance when husband got divorce on grounds of desertion. What is the difference between husband winning RCR and then getting divorce on grounds of desertion or getting directly divorce on ground of desertion. In both cases, husband proves that wife is not interested in living with husband and husband should get divorce.

 

 

@great India

Please explain clearly what do you want to say in this hypothetical case?

great india (manager)     22 September 2013

its nt a hypothetical case
1. wife filed rcr 125 and dv in reply to divorce sensing alimony
2. husband turned table by taking wife to rented accomodation denying maintenance in 125crpc

3. wife desertted and went back to the flat which is nowgifted to mom of husband before filing of cases.

4. husband doesnt care he gets or nt the divorce but doesnt want to pay cruel wife anyways
5. wife also nt interested in staying but wants huge lump sum

6. she waiting for your so called IRBM for the 3rd year SO tht she enjoys soon.

7. husband does nt want to pay so if he joins her before 3rd year, where goes IRBM..... she as it is staying in husbands moms property....
8. so if husband withdraws divorce and wife dying for it along with alimony.....will she get in this case...??????
or she has to file divorce withdrawing rcr...??????
9.mcd is out of question.....its just vengence amongst both and tug of war for money......love is extinguished


(Guest)

@ Pooja . You can go through below judgements then u will gain better understanding of the grounds on which maintenance has denied to the wife.

But before that i suggest yu t gain some knowlegde about difference between proving desertion & winning RCR. If you want i will provide the material for the same

1.  MUMBAI HIGH COURT  :  Dated 4 Feb 2005

Maintenance not granted as it is proved that wife wants to reside separately.

 

2.  MUMBAI HIGH COURT  : Dated Apr 2008.

Maintenance not granted as it is proved no reason to leave husbands.

 

3.  CHENNAI HIGH COURT  : Dated 21 June 2002

Maintenance Denied

 

4.  CHENNAI HIGH COURT  : Dated 21 Feb 2003

No Maintenance For Working Women

 

5.  MADHYA PRADESH HIGH COURT : Dated 24 March 2000

No Interim/Maintenance for Capable, Working Women

 

6. DELHI HIGH COURT  : Dated 28 July 2008

She was earning and she had not come to the Court with clean hands.

 

7. MADRAS HIGH COURT : Dated 22 Feb 2008

Wife Troubled -No Maintenance

 

8. SUPREME COURT  : Dated 23 March, 2009

SC Judgement on HMA24 - Wife working no maintenance

 

9. HIGH COURT OF P & H

Maintenance awarded in two sections to be offset

 

10. HIGH COURT OF ALLAHABAD

Old Parents, Maintenance reduced.

 

11. MUMBAI HIGH COURT: Dated 22 February, 2008

Perjury in 125 crPc

 

12. MADHYA PRADESH HIGH COURT: Madhuri Bai vs Minor Surendra Kumar And Anr. on 24 April, 1998

Child can claim maintenance u/s 125 from mother

 

13. MADRAS HIGH COURT: S.Chandra vs C.V.Sridharan on 21 February 2007

Claim alimony within 6 Months of Divorce

 

14. DELHI HIGH COURT: Sanjay Bhardwaj & Ors. vs The State & Anr. on 27 August, 2010

Unemployed man can not be forced to pay Maintenance

 

15. SUPREME COURT OF INDIA: Ines Miranda vs Santosh K Swamy dated 14 december 2010

TRANSFER PETITION – Payment to Husband

 

16. MUMBAI HIGH COURT : Dated  17 July, 1991

Same relief (maintenance)cannot be asked twice in two different courts

 

17. DELHI COURT : METROPOLITAN MAGISTRATE, NEW DELHI

Vexatious petition, maintenance,relief is declined

 

18. BOMBAY HIGH COURT :  Dated 14 March 2011

Perjury Judgement : Rigorous imprisonment for False Case

 

19. ADDITIONAL SESSIONS JUDGE (CENTRAL)TIS HAZARI COURTS, DELHI: Dated  15 April 2011

Maintenance claim based on Affidavit dismissed

 

20. PUNJAB - HARYANA HIGH COURT: Dated  17 February 2011

Maintenance claim based on Affidavit dismissed

 

21. DELHI HIGH COURT

Husband Property Not Counted in Maintenance

 

22.  HIGH COURT OF P & H :  Dated 28 July 1961

Maintenance not based on Arthmetic Calculation

 

23. DELHI HIGH COURT  : Dated 1 September, 2010

Claim of high status of husband not sufficient for interim maintenance

 

24.  DELHI HIGH COURT  : Dated 30 August, 2010

Multiple Maintenance petitions are not allowed

 

25. SUPREME COURT OF INDIA : Dated 20 July, 2010

Reduced Intrim Maintenance

 

26.  SUPREME COURT OF INDIA : Dated  11 June, 1993

No Maintenance

 

27. MUMBAI HIGH COURT :  Dated  18 July, 2009

No Maintenance to Wife if RCR By Husband Suicceed

 

28. MUMBAI HIGH COURT

Permanent Alimoney Cancelled.

 

29. MUMBAI HIGH COURRT: Dated 2010

Income Tax and Maintenance

 

30. MUMBAI HIGH COURRT: Dated 18 November 2010

Income tax returns cannt decide Maintenance

 

31. MADHYA PRADESH HIGH COURT: Dated 29 August 1991

Challenging the rejected interim maintenance

 

32. PUNJAB HARYANA HIGH COURT: Dated 25 January, 2010

False affidavit, perjury procedure in 24 HMA

 

33. DELHI HIGH COURT  : Dated 7 September 2006

Divorce withdrawn – Maintance to be paid

 

34. DELHI HIGH COURT: Dated 16 November 2004

Father In Law not responsible for Residence

 

35. KARNATAKA HIGH COURT: Dated 22 September, 1992

Women to Prove ligitimacy of child for maintenance

 

36. CENTRAL INFORMATION COMMISSION

Bank Account Details and confidentiality

 

37. BOMBAY HIGH COURT: Dated  15 September, 2004

Return of Stridhan,Alimony and Hidding Past

 

38. GAUHATI HIGH COURT: Dated  23 April, 2004

Guardianship within 2 Months

 

41. UTTARANCHAL HIGH COURT : Dated25 October 2010

No Maintenance u/s125Crpc for working Women

 

42. UTTARANCHAL HIGH COURT :  Dated  18November,2009

No Maintenance u/s Crpc 125 if wife deserts husband

 

43. DELHI HIGH COURT: Dated  22 September, 2010

Maintenance formula evolved by judges for wife and child – PWDVA

 

44. MADRAS HIGH COURT: Dated  20 November 2006

Mother is not always right person for custody

 

45. SUPREME COURT: Dated 2 March 2001

Rules for Child Custody

 

46. SUPREME COURT: Dated  23 March 2004

Illegitimacy of child is not with Family court

 

47. DELHI HIGH COURT: Dated  10 September 2008

No maintenance to Capable wife

 

48. MADRAS HIGH COURT: Dated  4 November 2006

Husband has to prove his Earning

 

49. SUPREME COURT OF INDIA: Dated  5 June 2007

Section 125 Cr.P.C.Proceedings under are civil in nature.

 

50. SUPREME COURT OF INDIA : Dated  15 December, 2006

Wife has no Right on Monther in Law's Property

 

51. KERALA HIGH COURT : Dated 10 December, 2010

Kerla HC accepts the easy misuse of DV

 

52. SUPREME COURT OF INDIA: Dated  9 November, 2010

Double jeopardy applies to same offence, not same facts

 

53. DELHI HIGH COURT : Dated  29 July, 2010

Family members of NRI husband cannot be accused in DV case

 

54. DELHI HIGH COURT : Dated  18 September, 2008

No maintenance to earning spouse

 

55. MADRAS HIGH COURT : Dated  10 January, 2003

Alimony can be granted even to an erring spouse

 

56.PUNJAB-HARYANA HIGH COURT : Dated  23 September, 2009

False case and Damage

 

57. ROHINI COURT - DELHI

False Dv and Women Failed to Prove it

 

58. ADDL. SESSIONS JUDGE NEW DELHI

Domestic Violence to be Proved

 

59. CENTRAL INFORMATION COMMISSION

3rd Party Passport Details are Allowed

 

60. SUPREME COURT OF INDIA : Dated  4 November, 1997

Habeas Corpus for Custody and Visitation

 

Sr No 4, 7, 21, 27 & 50 Specially for you to go through. These are jus few .....let me know if you want more

Thanks

 

 

 

Pooja_____ (HR)     28 September 2013

@Hats off

I repeat : I could not find any citation where permanent alimony was denied to working wife.


(Guest)

@Pooja

There is no separate law for permanent alimony. Permanent alimony(one big lump sum amount) or several monthly maintenance till the wife remarries/expires, both are same w.r.t to law. Maintenance for a working wife is generally denied but again subject to the facts of each case  then where is the question of permanent alimony coming into picture. Denial is written all over, got it?

What citation you are trying to find, enjoy:

https://www.indianexpress.com/news/no-alimony-if-woman-quits-job-hc/956625/

alia_alian (journalism)     28 September 2013

Originally posted by : Pooja_____

@Hats off

I repeat : I could not find any citation where permanent alimony was denied to working wife.

Dear POOJA____


These are wife beaters, dowry seekers and adulterous person (Except Tajobsindia).They are here because their wives have screwed them because of their nature.Now they became experts here and has made this legal forum a fish market.They made themselves a great lawyer without a law degree.In court, they never stand in front of the judge, they stay inside witness box or the cage at back of the court.!!:P

.

They does not a single word about law, yet gives judgement here!!..lol..they don't know the difference between permanent alimony and monthly maintenance!!!

ho ho ho...he he he ...ha ha ha 


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