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namitsharma (manager)     25 March 2012

Divorce & maintenance

Hello Dear All

 

I am in a very problematic situation and need some expert advice. Please be sincere and try to help with some good genuine advice.

My wife and me were never happy with each other. She went her home one time and returned after two months after a family discussion. then again she has left me for last one and half year. Staying with her parents. Presently not in any job. I want to know if she will file for maintenance 1. can she do it without asking for divorce? 2 . How much maintenance she can be given under indian law and with following facts.

 

1. Our marriage in 2006 and she left me finally in 2011. In betwen i have seen her for three times only just to make her understand but she refused to listen and threatened me.

2. she is MBA and has done job in the past . total exp: 3 years. presently not doing.

3. I am earning around 2.3 lacs and staying abroad. where my expense itself is 1.5 lac. In case of maintenance case , do i need to provide detail of my expense becoz it depends upon from country to country and i amy not be able to bring all details on table as proof.

4. we have one daughter of 1 year.

5.her parents have got property and they are two sisters and one brother. Her share should be there in the property? can she say in court that she will not claaim anything from her parents and will ask for share oin my property? what are the possibilties for me?

 

6. I have one house land in my name, and a plot of land in her name for which i paid in 2010.Even when i have given her this plot as gift can she still claim share from rest of the property? I have withhold my plans for making a house on my piece of land becoz i feara her share will further increasae in that case?

7. besides i have some few lacs cash.

8. as per recent modification in divorce law, i assume wife can ask for right in property only in a divorce case but not in case she wants judicial separation or she can ? please clarify?

9. presently i have not been under any case from her side, i want to transfer my cash and property to my parents name or what best can i do with my property to give her minimal share.

10. Finally in light of my income and asset , how much maintenance she can claim . give her education, work exp, her parents status taking into consideration?

11. I dont want gove her a lump sump amount , instead i will give her monthly allowance ? do i have that choice under law? i will not succumb to any pressure to give her lump-sum amount.

12. what of she want to come back. i dont trust her now and dont want to take her back? morever i dont have any home in india....... I am staying with my parents in their house which my father has built from his earning means its not an ancestral property.

pleadse guide me . I am in need friends.

 

thanks



Learning

 5 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     25 March 2012

 

Dear Mr.Sumit,

 

Loads of questions, I've tried answering them to the best of my ability. 

 

 

1. Yes, she can ask for maintenance - however if she has no reasonable excuse for having left you, you can negative her claim. However if she does succeed in proving reasonable excuse for staying away - the quantum of maintenance would depend on a lot of factors (her qualification/your salary/your liabillities etc). Worst case scenario - about 30-40 % of your salary can be ordered in these circumstances. 

 

2. As regards daughter - as the child is of tender years and foster age, she in all probability would get the custody - you would get visitation rights. 

 

3. She cannot ask for a stake in your property. However the child does have a birth right in your ancestral property if any. 

 

4. As I said she is not entitled to property that stands exclusively in your name, the fact that you gifted her a plot would help reduce her maintenance.  No stake on cash too. 

 

 

5. The amendments are not implemented, it's just a proposal and it would be some time before it actually gets implemented with a lot of changes, nothing concrete yet. 

 

6. She is not entitled to property held by you so don't worry on that count. 

 

 

7. No Pressure at all for lump-sum amount. 

 

For clarifications email me !

 

adv. rajeev ( rajoo ) (practicing advocate)     25 March 2012

She has got right to seek maintenance.  You have to prove that you have not willfully neglectd her to maintain, if you proved it then her case will be dismissed.

In your objections you have to show your obligations and expenses.

During the life time wife cannot any share in the husband's property, but today's news is that she has got right in the hugband's property.

Indrajit (Engineer)     25 March 2012

@rajeev (rajoo)

Mr. Rajeev-ji, I have filed for divorced in Dec 2009. The case is still going on.  Now , if the Marriage LawsAmendment Bill 2010 becomes an ACT, can my wife claim a share on my property.

Is this bill  can be applied retrospectively?

namitsharma (manager)     28 March 2012

Thanks for the reply friends. 

But i am very much concerned about the  point no 5,  8  and 9 raised by me?

 

can somebody will be kind enough to answer?

 

please.

thanks

 

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     29 March 2012

If the proposed amendments become an act, yes she can./

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com


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