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Help Require   15 June 2015

Require help regarding divorce

Hi All,

 

I have few questions. Please provide answer of my question.

 

I have applied for divorce.  My wife is earning 50,000/- per month. Also she didn’t have baby. But then she filed DV case against me and pray for interim maintenance as 30,000/- INR and share property. 

 

After Divorce :-

 

a.    Can wife sell gold which gifted by bride and groom side in marriage if she will get it after divorce?
 

b.    Can wife sell share house if she will get share house after divorce?
 

c.    Can wife ask for 50% share of property which purchase after filed divorce petition? 



Learning

 8 Replies

saravanan s (legal advisor)     15 June 2015

even before divorce she can sell it as it becomes her sole property.

only if you both jointly own a house she can sell her share anytime

 no she cant

 

N R Dash.. (Advocate)     16 June 2015

She would not get any share in the property, however, may be granted maintenance if eligibility are met. Property owned by you after divorce petition can not be claimed by her. However, she can very well sell the streedhan (gold, otther gifts she received during marriage).

Help Require   16 June 2015

Let me explain my question. I have purchase one house before marriage and another house after filed divorce petition. Both house owned by me. Now she claimed for interim maintenance as 30,000/- INR and no third party entrance allowed in both house. Also she prayed for one house in DV and divorce written statement. I want confirm whether she will get home after divorce or not?.. Also we gifted gold in marriage ceremony. Currently it’s in our custody. I have mentioned true information about gold as it’s in our custody. So can she sell gold when she will get after divorce ?..

 

Currently she is earning 50,000/- INR per month. Please clarify me about my query.  Also can we keep clause as she can’t sell gold which we are giving to her without our permission?

 

Please help me about my query.

 

 

N R Dash.. (Advocate)     16 June 2015

As she is earning sufficient amount, she would not be entitled for any maintenance. However, you need to present the facts with evidences before the court that she is earning.

 

As you have acquired the property on your own, she is not entitled to have a claim on them. Its high time now, you need to fight the cases on merit with the help of an advocate. Do hire a local advocate and dont just spoil everything on your own just for sake of not paying money to an advocate. 

Help Require   16 June 2015

Hi Dash,

Thanks for your response. Can we pray as she can't sell gold which gifted from groom side after divoce without husband permission.

 

 

saravanan s (legal advisor)     16 June 2015

Let me explain my question. I have purchase one house before marriage and another house after filed divorce petition. Both house owned by me. Now she claimed for interim maintenance as 30,000/- INR and no third party entrance allowed in both house. Also she prayed for one house in DV and divorce written statement. I want confirm whether she will get home after divorce or not?..

No she wont get any house as its your self aquired property

Also we gifted gold in marriage ceremony. Currently it’s in our custody. I have mentioned true information about gold as it’s in our custody. So can she sell gold when she will get after divorce ?..

you are supposed to return her sreedhan during or after divorce as its her property

Currently she is earning 50,000/- INR per month. Please clarify me about my query.  Also can we keep clause as she can’t sell gold which we are giving to her without our permission?

no such condition can be imposed

saravanan s (legal advisor)     16 June 2015

Can we pray as she can't sell gold which gifted from groom side after divoce without husband permission.

no .even if you had gifted her something other than jewellery she can claim it as part of sreedhan

Help Require   17 June 2015

Thanks Saravan for your calrification. 

 

I have already submitted her salary slip and bank statement in written statement. Now I know that definetely she will never get any maintenance. Also  both property owned by me. She didn't have any baby. First property purchased before marriage and another property purchased after filed petition. So I think she can't claim for any property. 

Also She will not get any interim maintenance because she is earning around 50,000/- which is higher than living standard of mine. This is sufficinet money survie for any women..

Once again thanks to saran and dash for your response.

 


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