Hari Mahato (Finance) 21 February 2016

Maintainence and property rights

Hello all,

this is Varun. I've been married for 3 years in which initially she and her family felt like a good family but they started showing their true colours with their hard core feminstic views like leave your parents, don't look after them, talking really low about them, take my daughter and live seprately but beyond that my wife was a huge pain in the neck. Always fighting, quarelling, using foul words, after every arguments going to her parents and when I go to bring her I had to listen to my in-laws feminstic and dirty views, constant threats of 498a, dowry cases and suicide attempt threats and destryoing my career. This went on for 2.5 years and everytime she and her family kept pushing me although I told them several times not to interfere in my married life or in our family matter. I spent my savings, did everything from gifts to tours to keep her happy but of no use. One day when she left for her parents again after a fight about I should stop taking care of my old retired parents, I decided that this all must end now. I promised myself now whatever happens the part of being a nice husband is over. I would rather face 498a, 125, DV cases than cohabiting with this monster. I'd rather give all my money to a prudent lawyer and to the charity, adopt an orphan and make him a human but I'm not going to give a single dime to this lady. I did hire a lawyer and filed for the divorce which is going on and so far it is in favour. Now they are begging, requesting and even promising not to intefere in my married life but since I stopped being nice they know that their falses cases will have no effect on me. Now my question is, it was my dream to buy my own house which I did couple of months ago. It is under bank loan for 10 years and the house is registered under my name. I would like to ask the experts in this forum that although the house is under my name and still have 9.5 years of installments to be paid, would the court award half of my house to my wife in case she claims for maintenance or I win the divorce. ? It's my dream house and I can not let it go to some crazy feminstic witch because she is amongst those women, who are well-educated and totally capable of earning money but choose to beg for it from the husband in courts rather than being with him and lead a happy life.

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6 Replies

Shobit Dua 22 February 2016

Hi Varun,

Looks like my situation..

This would help you :

https://www.lawyersclubindia.com/forum/Can-my-beautiful-cruel-wife-claim-my-shelter--133249.asp#.Vso37-ZaHWE

Shobit Dua 22 February 2016

Hi Renuka,

I hope if anyone bought home before marriage and with the money which was gifted by parents. Can transfer. Correct me if I am wrong. Because I did that

"Transferring to your mom’s name won’t help."

Shobit Dua 22 February 2016

Sorry Madam Ji..Age is not visible on forum.

But your comments are totally baseless.....we are here to take and give advice. Please keep attitude aside. I am thankful to you for giving advice but it does not mean you can speak rubbish. This forum is not running just with your presence.

Advise : Never go out of India.....you will find whole world disrespectful.

I feel sorry for Mr. Chaudhury also

Born Fighter (xxx) 23 February 2016

It appears Your wife has still not filed any false cases and begging to return....why not consider that, if u can reconcile for better ??? You know it better...........

No question of awarding the house (or part or division )to your wife as u have purchased the house with your own money. Selling the house at this point in time is not advisable as you will get money in return which you will either have to reinvest or put it in bank. Let the loan continue and you can show this as expense to reduce your net income.

Remember, your wife will try her best to entangle you in litigation to claim share in house as this is the POT of money which is visible to everyone. So better pay her some money as one time and move ahead. The more the time you spend in litigation more will be the risk of losing more money.

Do not file RCR, its waste of time and litigations will drain you. Also if u do not want ur wife back so why invite the trouble back. Go for MCD.....Pay some and get freedom to avoid litigations !!

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Hari Mahato (Finance) 23 February 2016

Thanks experts, I appreciate your time and suggestions you provided. On one hand, I do appreciate that my wife so far did not lodge any dowry or other cases against me, however the constant threats about such cases, suicide threats and going to her parent's house after every small argument, made me file for the divorce. Because of some mediators, her family and she herself are now requesting that she will behave normally and also I have a kid coming since she is pregnant. For a moment if I think of taking her back and withdrawing the divorce petition, what are the steps that I can take that will ensure the safety of me, my family and anything that I have of coming under some false cases.

PS: On a lighter note, Mrs. Chaudhary and Mr. Dua, take it easy. We are all here because of some hard times in our lives, let's help each other and not turn it in to a heated argument.