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Pooja_____ (HR)     29 August 2013

Permanent alimony and new amendment

My husband had filed divorce case and it is was dismissed. He has appealed in high court. He is living separately for the last 10 years. My 498A is dismissed in lower court and is in appeal in high court. New bill is passed in Rajya Sabha and will be passed in lok sabha soon. Once the bill becomes law, Can I file application for permanent alimony under the new section 13F and get a share in value of property in his name?



Learning

 16 Replies

Adv Archana Deshmukh (Practicing Advocate)     29 August 2013

Unless the bill is passed as a law nothing can be predicted bcoz there can be changes in it. So unless the amendment is actually made, there is no point in imagining things, just wait and watch.

1 Like

fighting back (exec)     29 August 2013

@pooja.......pehele law to bane do.....uske baad line lagana..........just look at the desparation for property!!!

gaon basaa nahi..aur lootere aa gaye!! hats off to you

fighting back (exec)     29 August 2013

@pooja.......pehele law to bane do.....uske baad line lagana..........just look at the desparation for property!!!

gaon basaa nahi..aur lootere aa gaye!! hats off to you

your 498 case is already dismissed, and is in appeal, do you know that 98% of 498 cases are already dismissed as fake, so your dream might shatter in future, but i am amused to see your eagerness to snatch your husbands property........the bill is designed specially for people like you....

adv.raghavan (Advocate,9444674980)     29 August 2013

i doubt even the bill is passed whether it will cover retrospect issues.

Adv. Chandrasekhar (Advocate)     29 August 2013

When the bill was at first introduced in Rajya Sabha, several members raised the objections and sought amendments and hence, the bill was referred to select committee and after taking into various view points the select committee made certain amendments and it was approved by the cabinet and after that it was put for voting before Rajya Sabha in current session and it passed it.  After formality of putting it in Lok Sabha, as rumours are going on that it would be put in the current session itself, which is extended till 6th of September, 2013, the bill will be passed and be sent to presidential assent.  In a nutshell, the remaining acts to bring this bill into Act are mere formalities and so there will be no impediments and no further amendments to the bill passed by Rajya Sabha.

Now, as the divorce case was dismissed in the trial court, after the Act is passed, your husband will be having two options and first to confine his argments in the appeal on the grounds he relied on in the trial court or secondly, seek the permission of the court to get divorce on the ground of "IRBM".  Once the Act is passed, when the courts find that the traditional grounds, i.e., cruelty, desertion etc. are not proved in divorce case, if the parties are living apart for more than 3 years, the court itself may offer the choice of divorce on IRBM grounds.  Once divorce on the ground of IRBM is on the cards, automatically the compensation laid down in that particular section will be applicable.  Over and above, in my opinion, once the Act is passed, the courts start to give liberal interpretation to Section 25 of the Act (Permanent Alimony) and the property will be given to the wife in sync with the latest amendment, even though the divorce is granted on the traditional ground.  That is why, in my opinion, if your husband gets the divorce in the appeal on the traditional grounds he relied on in trial court or failing which, if he resorts to IRBM ground, you can insist and will get property share and compensation in accordance with the amendment Act. 

2 Like

Pooja_____ (HR)     29 August 2013

Thank You Adv. Archana and Adv Chandrasekhar

My husband claims that he will get divorce because of dismissal of my 498A. His divorce court was dismissed and court mentioned that he is responsible for cruelty against me so he cannot get divorce. I think, he will not get divorce on grounds of cruelty.

He also says that he has sold his property. I think, he is trying to sell the property but has not sold it yet.

I want to know what can I do to bring IRBM clause in divorce appeal?

Also what should I do to stop him from selling his property?

Adv. Chandrasekhar (Advocate)     29 August 2013

If the trial court in divorce petition said in judgment that due to his cruelty, he is not entitled to divorce, then, to stop him for disposal of his property, you can move a DV petition and in that seek the injunction against the transfer of property.  Otherwise also, if your direct or indirect contribution is there in the property, you can try to get injunction from the civil court.  As IRBM is not yet into force, you cannot do any thing in that respect.

sandykrish (Interested in Family LAW)     29 August 2013

To all legal experts what if the property is not their in Husband name, will court be liberal enough to ask husband to provide 50 % of the share. Lets say a property in husband name is gifted to parents/ siblings a year back. will wife still claim 50% of property?

 

Adv. Chandrasekhar (Advocate)     29 August 2013

If the property is in husband's name, the share will be given to the wife and children (assuming the custody of the children is with the wife).  If the property is ancestral and inheritable, share of it will not be given to the wife but husband's share out of it and its value be evaluated and compensation will be given in lieu of the share of that property.  How much share or value be given to the wife is not expressed in the Act, leaving it to the discretion of the court.  Regarding fradulent transactions the husbands play with their share of property, when matrimonial squibbles start, the Act is silent.  But there is scope that once the law and its interpretations are crystalised, such fradulent transfers with sole motive of depriving the estranged wife will be taken into consideration by the courts.


(Guest)

"10 saal aur ruk jao Tab tak tumhara husband 2-3 property aur khareed lega tab divorce lena ,Acha Maal Bator logi"

A Blank Diary of Life (MD)     29 August 2013

Anscetral property can only be devided after expiry of the owner and it should not be before that. So wife has to wait till the owner of the property get expired and the said property get devided between the legal heirs.

A Blank Diary of Life (MD)     29 August 2013

Otherwise, a lady will marry to some rich fellow, stay for 2 days and ask for property after filing divorce. Court has to see this as well that marriages become a business.

(Guest)

Kuch saal aur ruk jao in aurtaon ko jhannum nasheeb nai hua toh main aapna naam No wife No Tension se -------YES wife YES Tension kar lunga.D:

Ab inki Band Bajane ko inhi ki kanoon kaafi hai. Ab dekhna asli yudh jab yeh bheeg mangeingi ki toh judge inhe bolega tumhe bheekh nai milega kyonki tum 3 saal kya gaand mara rahi thi.....

Kahan thi in 3 saalo me kya bamboo pe tel laga rahi thi..

 

Fir inke husband ab real dhunayi kareinge jab har jagah se tang aa jayeinge inse,toh fir Hathyar toh uthana hi padega.

 

When Injustice Becomes Law Then justice become our Rights. Cheen ke leinge...


 

A Blank Diary of Life (MD)     29 August 2013

Jara dekho to sahi....himat wali madam kitni khus ho rahi hein....wah madam wah. You are a perfect example himatwali madam urf fightingfalsecase....

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