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kumar (Manager)     12 May 2014

Maintenance - property

Hi experts

wife is asking interim maintenance. I have a home loan bought after separation from her and paying EMI.

can i show my EMI as my liabilities for the interim maintenance case?

In case i get divorce, i know i have to give her 50% of my property (even though she did not give financial, physical or any moral contribution ??) how this property on loan will be divided (where 17 years of EMI is still pending)?

Is there any way to avoid sharing the property with her by proving that she is highly qualified, well earning and from a financially stronger family compared to me? ( i am ok for giving reasonable final maintenance amount that will be ordered by court but not the property)

please advice.



Learning

 8 Replies

Ranee....... (NA)     12 May 2014

Yes you can show. If she is earning you dont have to pay her maintenance. Property sharing is not a law yet.

Ranee....... (NA)     12 May 2014

Yes you can show. If she is earning you dont have to pay her maintenance. Property sharing is not a law yet.

Ranee....... (NA)     12 May 2014

Yes you can show. If she is earning you dont have to pay her maintenance. Property sharing is not a law yet.

Dr J C Vashista (Advocate)     13 May 2014

It can be shown.

No share or maintenance will be given in divorce, however, she is eligible for permanent alimony.

Gautam Kapoor (IT professional Studying Law)     13 May 2014

Rigthly opined by Ranee and Dr. J.C. Vashista.

to add,probably you are misguided.Your lawyer needs to counter stating that there is no need for interim maintenance by virtue of her being well educated and currently earning and is from a stronger financial backgound.Your lawyer can/should take out citations in this regard and need to defend the plea for interim maintenance strongly.He should also forth all your labilities.

Property - Does she know about this? Even if the answer is affirmative she does not have a right over your property.Her plea for seperate residence can also be negated by using her HRA details.

Your lawyer should defend the case that the lady is not entitled for maintenance,but,at the most if you do not have a child(ren) your maintenance liability to your wife should drastically come down.

T. Kalaiselvan, Advocate (Advocate)     13 May 2014

Who told you that you have to share 50% of your property with her?, there is no such law, it is your property, you can dispose it in any manner. about the facts being considered to decide about the quantum of maintenance, one among them is the housing loan and its repayment with interest. This as well as her earning capacity can be argued upon in the court in pending maintenance case.

1 Like

Dr J C Vashista (Advocate)     14 May 2014

Experts have very well addressed your query, now it is your turn, proceed.

She is not entitled for any share in your self-acquired property, relax

kumar (Manager)     14 May 2014

Dear experts, i really thank each of you for your reply.

It is clear for me, i will make use of your advice.


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