Is it safe to buy property while 498 complaint in Women Cell

dont buy anything , just bury the wealth underground.

Don't take risk or buy anything is the most safer. If you buy, she may claim and you will have to fight again in court. That will waste of time and money. Keep that money underground.

But need to make sure she cannot claim any part of this property.
 

---   the policy is more you rich ( that is capable), more you have to pay (that is maintenance), that's why people hide their income and property.

---   we should rethink about maintenance policy.

Maintenance of wife

Amount of maintenance

18. Maintenance of wife.

(1) Subject to the provisions of this section, a Hindu wife, whether married before or after the commencement of this Act, shall be entitled to be maintained by her husband during her life time.

(2) A Hindu wife shall be entitled to live separately from her husband without forfeiting her claim to maintenance,-

(a) if he is guilty of desertion, that is to say, of abandoning her without reasonable cause and without her consent or against her wish, or of willfully neglecting her;

(b) if he has treated her with such cruelty as to cause a reasonable apprehension in her mind that it will be harmful or injurious to live with her husband;

(c) if he is suffering from a virulent form of leprosy;

(d) if he has any other wife living ;

(e) if he keeps a concubine in the same house in which his wife is living or habitually resides with a concubine else- where;

(f) if he has ceased to be a Hindu by conversion to another religion ;

(g) if there is any other cause justifying her living separately,

(3) A Hindu wife shall not be entitled to separate residence and maintenance from her husband if she is unchaste or ceases to be a Hindu by conversion to another religion.

23. Amount of maintenance.

 (1) It shall be in the discretion of the court to determine whether any, and if so what, maintenance shall be awarded under the provisions of this Act, and in doing so the court shall have due regard to the considerations set out in sub-section (2) or sub-section (3), as the case may be, so far as they are applicable.

(2) In determining the amount of maintenance, if any, to be awarded to a wife, children or aged on infirm parents under this Act, regard shall be had to-

(a) the position and status of the parties;

(b) the reasonable wants of the claimant;

(c) if the claimant is living separately, whether the claimant is justified in doing so;

(d) the value of the claimant's property and any income derived from such property, or from the claimant's own earnings or from any other source;

(e) the number of persons entitled to maintenance under this Act.

(3) In determining the amount of maintenance, if any, to be awarded to a dependent under this Act, regard shall be had to-

(a) the net value of the estate of the deceased after providing for the payment of his debts;

(b) the provision, if any, made under a will of the deceased in respect of the dependant;

(c) the degree of relationship between the two;

(d) the reasonable wants of the dependent

(e) the past relations between the dependent and the deceased;

(f) the value of the property of the dependent and any income derived from such property; or from his or her earnings or from any other source ;

(g) the number of dependents entitled to maintenance under this Act.

The above act is the base act for maintenance, hindu adoption and maintenance act, please go through it.

Thanks Arup.. I have decided not to invest in any property till matter is sorted out or i have a clear picture.

Do i additionally need to put my savings (from my salary account) underground as Avinash suggested.. and if so then for what reason.

underground as Avinash suggested

------   yes good idea

for what reason

-----    reason is simple, that the said wife can not reach there.

Roger, it will not help you if you keep your saving underground or over the ground. Your income would be reflected in your salary slip and bank statement. You are not running a business, that you can manipulate your income through various ways.

The court would take into consideration your mandatory deductions only.
 

Hi,  You can purchase the Property with your Name. You have every right to safeguard self acquired property.  She is only eligible for Maintenance.   you can alos file Restitution of Conjugal rights if she filed false compliant of 498A & left away.