rising up again (FFF) 18 December 2013

Some smart moves before divorce ?

Dear ALL,

Plz advice on the following :

- my w*** stays in my self earned house and is not leaving it. (we stay in different rooms in the same house). Since years, we face fights, trauma and insult everyday....and hence cannot handle it anymore. Can i gift my property to my parents and then throw her out. I am filing the divorce case in next 15 days time. Would it not be taken as malified intentions of me ? Or can i convince the court that i did that to safeguard my property from her greedy actions or keep her away for our mental peace....I also have 3 other properties in my name (all self acquired). plz suggest other ways how can i handle this..?? how can the court react to it ?

- AND when i gift my property to my parents, am sure she will create a big scene outside my house ... can i stop her from doing it - maybe by a police complaint or a order from court ? can she be made to stay away from my house forever ? i am ready to pay her maintainence to stay in a rented house....anywhr. she otherwise earns approx.35-40k per month.

- When i make her stay away from this house... can i keep the instant custody of my child and then let her file for the custody in courts ?? can this custody be taken from the courts - as since years, i have been taking care of my son in all aspects....and am sure i am a very good father.

plz advice and help !!

a desparate father...

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5 Replies

gautam (not disclosed) 18 December 2013

Gifting property to your parents just before divorce would be considered malified intention by the court. Even if you gift the property to your mother and continue staying in it, you cannot throw her out as she has right to stay with you. If you say to the court you transferred the property to safeguard yourself legally, it is like admitting to the court, i transferred the property so that the court gives less maintenance.

as per current law, your wife does not have any share in your assets that are in your name, court will consider your/wife's earnings, assets and liabilities and decide on maintenance, alimony on that basis.

By transferring the properties, you will reduce your assets even if that looks unfavourable to the courts, but the judge may award higher maintenance/alimony if they are convinced that you did that to escape the same.

fighting for my brother (HR) 18 December 2013

you cant throw her out before divorce....get a good ground for divorce...but looks like you dont have anything but only fights etec..

but definately she cant claim your property..but she can stay in that..

gautam (not disclosed) 18 December 2013

you cannot throw her out of the house

T. Kalaiselvan, Advocate (Advocate) 18 December 2013

A Hindu wife has full rights to stay in her matrimonial house until she is forbidden by law/divorced. You will be inviting more troubles by forcibly throwing her out of the matrimonial house. A better option is to file a divorce on the grounds of cruelty, keep away from her though staying under one roof, do not venture into any idea of disposing the property on your name by any means, take care of your child, concentrate on the case.

great india (manager) 19 December 2013

You can gift property..... Wait for few months...till then get a rental accommodation and ask wife to join you.. Send notice or rcr..... If she refuses File divorce... But if she adamant and not coming out with you and files a dv you can't just throw her out from matrimonial home. Even A divorced wife shd br maintained under hma along with proper residence anf financial support if she doesn't have one. U can get divorce on desertion and cruelty but cant chuck her out if she continues residing in self acquired posession till you provide alternate accommodation....