Divorcee (NA) 09 June 2013

Property dispute in divorce

Hello experts, I am married for 3 years with a working wife. She earns an equa salary as me. We are headed for a divorce now as she wants me to break all connections with my parents. We have moved out to a separate place now. But hasnt helped much. I have a flat purchased prior to marriage jointly with my father where we all were satying together befor I moved out one month ago. In the event of divorce, do I need to give a share in the flat to my wife? Firstly, do I need to give any maintenance to my wife if she is earning same as me. Your thoughts on this would be appreciated.

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ajay sethi (lawyer) 09 June 2013

1) you have stated that your wife is well qualified and earning a good salary which is equivalent to your salary . she would not be netitled to maintenance .

2) you have stated that although you have moved out of parental accomodation situation has improved . in such a case better file for divorce by mutual consent . draw consent terms settle all issues .

3)if you are a joint co owner of flat your wife under Dv act can claim right to stay in shared household . she cannot claim any ownership rights of said flat

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