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Jothish Kumar (Consultant)     04 August 2014

My investments are in the name of wife and mil

I had filed a divorce petition in the Family Court (.the court in which we are last reside)

Main Ground applied is Cruelty.

I am a professional, married in the year 2007. Wife is a home maker till  end of f the year 2011. 

From the beginning of the marriage wife and her mother collected lions part of my salary and invest it into various money depositing schemes. When the investment matured they put the amount in FDs with MIL name with the reason specified  that "Senior Citizen got 0.50% interest rate more". I also trusted them very much.  In the year 2010 I got a job in Gulf and went along with wife and kid. My monthly earnings from Gulf job also  has been sent to Mother in law's (wife's mother's) bank account in India as per wife pressure. She(MIL) had deposited the amount in FDs with her name. I had trusted them very much.


Beginning of the year 2012, wife got a job in a PSU so that she along with kids were returned to India and stayed with her mother.


After that I has been sending  my monthly savings to Our joint NRI account in India and she (Wife) taken the amount by cheque and ATM and to deposit into FDs with her name.

 
But I felt she has no more  interest towards me apart from my earnings. I felt my life is miserable if I stayed more period in Gulf .  For strengthening my family life and the welfare of kids, I resigned and returned to India and started own firm  on 2013 September.


But she and her mother not liked my decision to start own firm and living together. Due to several issues, misunderstandings, quarrel  we separated in June 2014. She told me that she has not interested to stay with me and deserted with kids and her belongings (includes 
Utensils , cloth and gold).


Now I filed a divorce petition against wife and Money claim against Mother in Law and Wife( Also their property has been attached  as per the court order).

Other information :-

1)     1) We are Hindus- so Law applicable is HMA

2)     2) She is currently earning around 25,000 PM and my earnings  is less than 20 K only ( I started my professional work in September 2013 but unending day to day issues with wife  and MIL I am not able to concentrate my work or build clients/business)

3)     3) The money claim I had submitted was properly supported with Bank statements.

4)     4) Apart from the money, I had purchased 20 sovereigns of gold this also held by the separated wife. This also included in the money claim (But no proof or bills for gold I had with- Bills are with wife)

5)     5) She owned 50 cents of land valued 1.5 cr now. I do not owned land or buildings  currently my share of land (ancestors property) is now in the name of my father and mother and after their period, I will get the title deed. I did not own any other property, houses or investments other than the earnings referred above.

6)     6) We have two kids both are boys aged 3 and 6. Now they are living at  maternal house with Mother in Law. My wife is working 300 km’s away from maternal house so she can look/visit children only in weekends. SO kids are alone with Mother in Law. Mother In law has aged 62 more, wife’ father is no more and sibilings. So MIL and kids are alone there. If kids need any medical attention or other support during night time or at any time, MIL is helpless. She also had hearing and eye sight issues.


My questions are

1)     1) What is the chances to get the divorce  and approximate time required. So whether the money claim is also supported to the divorce petition and prove the ground of cruelty.

2)     2) Shall I get the amount  claimed in full and Gold

3)     3) Whether I need to give any alimony and compensation and or a part from my earnings (please refer point no 2 and 5  - Her income, my income and property details are given above)

4)     4) Shall I claim custody of children, what is the success rate (kindly go through point no 6).

5)     5) Both petition are filed in the court in which we were last resided. But kids are at maternal house which is 300 km’s away and being other family court jurisdiction area, so in which court I have to file the child custody petition . Shall I file the petition same in the court in which both case are pending to dispose (the court in which we are last resided) or court have the jurisdiction to the maternity house/area in which kids are residing now.

  

 

Please support.



Learning

 1 Replies

Sudhir Kumar, Advocate (Advocate)     04 September 2014

1) What is the chances to get the divorce  and approximate time required. So whether the money claim is also supported to the divorce petition and prove the ground of cruelty.

 

Ans :   aproximate time can be any number of years.  what cruelty are you alleging is not clear from your blog.

 

2)     2) Shall I get the amount  claimed in full and Gold

 


Ans : Not understood which amount and which gold you are talking about.  Be clear as no worthwhile views can be formed on incomplete information.

3)     3) Whether I need to give any alimony and compensation and or a part from my earnings (please refer point no 2 and 5  - Her income, my income and property details are given above)


Ans : Subjective matter.  Prima -faice you do not have obligation to pay maintenance to her.  But if she is able to keep custody of children then you have to pay their maintenance.

 

4)     4) Shall I claim custody of children, what is the success rate (kindly go through point no 6).


Ans : No success rate can be predicted.

5)     5) Both petition are filed in the court in which we were last resided. But kids are at maternal house which is 300 km’s away and being other family court jurisdiction area, so in which court I have to file the child custody petition . Shall I file the petition same in the court in which both case are pending to dispose (the court in which we are last resided) or court have the jurisdiction to the maternity house/area in which kids are residing now.


Ans : No views on this can be expressed unless on has seen both the petitions.

 


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