Greetings,
Hope everyone is doing fine. I will really appreciate and thanks you all in advance, for any reply to my queries here. This is a great forum and it has been really informative for me. Kudos guys.
So, here's my situation in brief -
. Married in 2007 and lived together for 4 months.
. Not legally separated. The proof is in the form of lawyer notices exchanged between us quoting the date and reason of separation.
. Post separation, I have been accused of physical & mental harrassment and the list goes on. Even a police case filed citing desertion plus all of the former.
. Returned all her belongings, per a written statement with signed witnesses & lawyers.
. I relocated outside India, for better prospects in 2009.
And here's my questions -
. As per the new amendment, the wife has equitable right to property. Will this be based on our 4 months of marriage or since the date of marriage to date of divorce ?
. With regards to the new amendment, will the wife be granted equitable right to property even if the divorce is filed with mutual consent? Does it only apply, if one of the parties file for divorce?
. It is certain in my scenario that a 498A would definitely backfire on the wife. But, what are the implications of the specific police case citing "desertion & cruelty"? Will it provide any upper ground for the wife in terms of maintenance, if I file a case requesting divorce?
I do have more queries, but these are ones pressing me right now. I will be really thankful to every person who takes their valuable time in helping me, here.
Cheers,
Lex.
lex.varma@gmail.com
