hard throb (freelance) 15 May 2013

Right on mortgaged property

Hello Friends

My wife and I have been staying separately since last quarter of 2011, after she deserted me . She left a letter stating her dis-satisfaction from our lifestyle and marriage. No contact since she left me .

Thereafter I have filed for Divorce during March 2013 and first hearing in May 2013. No legal representation from their side has taken place so far . Niether have any false 498 case been filed against me.

My question is, can i buy a house for myself while the divorce proceeding is till underway ? What are the risk factors involved in case of maintenance or alimony ? Can alimony or maintenance be denied since she has deserted me wilfully and out of touch for more than 12 months ?

Thankyou

Reply Follow

5 Replies

Tajobsindia (Senior Partner ) 15 May 2013

1. You can buy properties while family law suit going on. Just donot shout for the world to know of your additional assets. Self earned property is for you to keep and currently no such law there to divide framed by Legislatures.

2. You have to contest – rebut all her such claims with evidences – inferences to negate her rights for maintenance.

3. Refer to past discussions at forum on similar queries and make notes and act accordingly.

hard throb (freelance) 15 May 2013

thank you Tajobsindia......

ajay sethi (lawyer) 15 May 2013

1)you have filed for divorce only in March 2013 . wait for your divorce then buy any property in your name .

2) your wife can file domestic violence case against you under provisions of DV act and claim right to stay in shared household .

3)your wife can always claim maintenance . but as pointed out by tajos you have to rebut those claims

hard throb (freelance) 15 May 2013

thanks Mr Sethi

Gopal Arora (Engineer) 15 May 2013

Do not buy any property/assets in your name. If your wife comes to know of it then she will demand huge alimony from the court at the time of divorce.