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Rpuri   17 September 2017

Separated from past 5 yrs and want divorce

Hello All

I am 38 year Male married in 2009 and after 2012 my wife left me and took 2yrs boy to her parents’  home. Since then we are living separately.

There is not legal case yet. But she spoiled my image in the society by calling everyone and spreading false information.

 

I met her 5-6 times outside but her behavior was really very bad. After so many years now I am at point where I can’t think of living with her.

She and her parents can file any case whatever is possible I don’t have any trust and faith on them. Moreover, I have moved on and I also want divorce.

Now my concern is, My father and mother both are over 70 yrs. They live with me :

I have one home worth of 3cr which is on my name which I bought 10yr before marriage. Just want to know before filing divorce can I transfer it to my mother or father name since they gave me the money when I bought it.

PS -  I have no hope for the reunion and I don’t see my life with her. About kid, I think he will not even recognize me. Please let me know how can I safe my home.



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 16 Replies

Siddharth Srivastava (Advocate)     17 September 2017

You are required to go strategically. Do not act in haste. Your query requires some precautionary steps to protect your parents to plunge their safety. You may file divorce petition on the ground desertion and cruelty. Sidharth 9811776422

SUNIL KUMAR (apprentice)     17 September 2017

Agreed with srivastava sir

Advocate Bhartesh goyal (advocate)     17 September 2017

Yes,when there is no hope for reunoin,then you should file divorce petition on ground of des

LAXMINARAYAN - Sr Advocate. ( solve problems in criminal cases. lawproblems@gmail.com)     17 September 2017

If you need divorce she may ask for maintenance and alimoney.

If these matters you can settle among yourselves than the present procedure due to recent SC judgment has become simple for divorce.

Vijay Raj Mahajan (Advocate)     17 September 2017

Firstly try to settle terms with your wife and ammicably workout for divorce by mutual consent. She will definately ask for alimony for the settlement for which you should be clear in your mind. Your paying capacity should be in your mind before you commit any amount. Getting divorce on the ground of desertion/cruelty in any case looks very attractive to all but in reality its not so easy.

 

Rpuri   17 September 2017

Thanks All for your valuable inputs

If mutual consent fails and we go for contested way, can she claim share in my home?

My lawyer suggested me to transfer home and money to my parents. Would that be the right step?

And can she still file police case against me?

 

Mahadev   18 September 2017

Please transfer ur home as a gift deed to ur mom or dad and get it registered too. The home was acquired before marriage and hence it's your self acquired property but because of women oriented laws I would suggest do transfer the home. No matter what happens never ever mention anywhere and to anyone verbally or written that you did the transfer. Let that a secret remain only with you,your mom and dad. Let your wife do all efforts to trace assets in your name. Try for mutual consent divorce. If u r able to settle by paying a reasonable amount please do so. If it goes for contested please tell ur advocate to seek anticipatory bail for IPC 498a, section 4 dp act. U can then go for filing divorce petition.

Mahadev   18 September 2017

Please transfer ur home as a gift deed to ur mom or dad and get it registered too. The home was acquired before marriage and hence it's your self acquired property but because of women oriented laws I would suggest do transfer the home. No matter what happens never ever mention anywhere and to anyone verbally or written that you did the transfer. Let that a secret remain only with you,your mom and dad. Let your wife do all efforts to trace assets in your name. Try for mutual consent divorce. If u r able to settle by paying a reasonable amount please do so. If it goes for contested please tell ur advocate to seek anticipatory bail for IPC 498a, section 4 dp act. U can then go for filing divorce petition.

Adv Radhika Mehta (Advocate)     19 September 2017

The problem with doing the transfer at this point of time is that the date of transfer just before filling a Petition would clearly disclose to the Court that you did it intentionally to deprive your wife. This may affect your case.  She cannot claim a share in your house, per se, more so as she is not presently residing there, but the Court can and will definitely consider the same while deciding the quantum of maintenance to your wife.  File for Divorce on the ground of cruelty and desertion.  

R Trivedi (advocate.dma@gmail.com)     19 September 2017

It is always a prudent thing to stay with least penny under such circumstances.

Born Fighter (xxx)     20 September 2017

Let me tell you one fact...

If your wife is reasonable and not greedy she will settle for a decent alimony that u can afford. 

However if she is cunning and insane she will not settle until she feels she has taught you a lesson. Now what lesson ???? for her it could be lesson for transferring your own property in your parents name :))).....This approach will give rise to indefinite litigation and so long as her lawyer will get his/her fees the case will go on. You will spend anywhere between 5-10yrs roaming around the courts.

So get real...you know ur wife better than we do.... Anticipate what could be the outcome of filing a divorce case and act prudently.

I would advise sell the property than transferring it to your parents. Its your own property and u can do whatever you wish......Invest the money in some business etc etc

Hire a good lawyer / CA who will guide you to carefully plan the process. Do it, wait for 6months and then approach ur wife for a mutual divorce. Keep your tempers in check......."musibat ke samay dheeraj se kaam lena chahiye"....

Also dont think that u can get away with nominal alimony, remember u will have to satisfy her demands and stop her from opening  the gates of litigation. 

Your also a father so its ur responsibility to look after the financial needs of the child. Various options for settlement can be proposed to your wife based on your pocket and demands of ur wife cum ur interest in your child.

All the Best !!

 

 

 

Rpuri   24 September 2017

This is irony of Law, for one problem there are two opposite solutions. If I read replies from beginning, half of the comments says not need to sell and half says sell it right away.

Funny part is that it is my property and I am sacred if it.

Anyways, I have decided not to transfer it and keep it on my name. Let see the outcome.

Can anyone please suggest,  as I mentioned she is not living with me from past 5 years what if she try to enter into my house forcibly?

Her family can go to any extend. There is no complaint or information reached to police station yet. Please suggest if anything is required.

Adv Radhika Mehta (Advocate)     25 September 2017

You can, in the Divorce Petition, seek the relief of Injunction restraing her from entering the house. 

Rpuri   27 September 2017

I have not filled divorce yet. What if she come to my door step and ask for the stay?


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