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hungryheart (Student)     20 December 2015

Splitting of assets in divorce

My friend is saying his marriage is about to broke down. He is scared about losing his properties. I will lis detail of his properties. 

Property 1 - A house owned by his mother.

Property 2 - A building owned by his mother and registered by his grandfather to his mother.

Property 3 - A house bought by him AFTER marriage

Status of my friend - Working

Status of my friend's wife - Working. She has no properties under her name But her parents have two properties and she has one brother.

Children - None 

 

Can someone say what will happen to the following properties?

What about the monthly maintanence? 

Does he have to give monthly maintanence even after his wife's remarriage?

 



Learning

 7 Replies

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     20 December 2015

Sir,

 

Since your friend do not have independent properties in his name, there will not be much issue, so far maitenance is concerned that will be determined according to laibilities and finaincail income of both the parties.

 

Warm Regards

Kapil Chandna Advocate

9899011450

saravanan s (legal advisor)     20 December 2015

Once after your wife goes for a remarriage her maintenance would be stopped

Dr J C Vashista (Advocate)     21 December 2015

@Hungryheart, (An anonymous queriest)

Donot worry about your friend and his properties.

Your friend's wife has no right in either of the properties but may be granted maintenance as per your friend's status and standard of living.

Advise your friend to be proactive to save his married life,  property and consult/engage a local prudent lawyer for proper guidance and proceeding.

hungryheart (Student)     21 December 2015

Thank you Kapil Sir, Sarvanan Sir and Dr. Vashista. 

 

I have told my friend that his properties are safe. He is happy. He is mostly concerned about his mother's properties since they are worth much more than the house(apartment) he bought recently. 

Regarding maintanence, he said his wife earns more than him.

I asked this question because he is my close friend for a long time. He got married just recently and seeing him in a troubled situation made me sad. He was scared of India's gender biased laws. 

Thank you all.

SAINATH DEVALLA (LEGAL CONSULTANT)     21 December 2015

Wish UR friend the best of luck,nothing more to add than those mentioned by the above legal experts.

Advocate Ravinder (Advocate/Attorney)     21 December 2015

Can someone say what will happen to the following properties?

--Nothing will happen to your properties.  She cannot claim the property. She can claim only maintenance. But since she is working, you are not liable to pay even the maintenance. But you to show the court her job details.

What about the monthly maintanence? 

--Answered above

Does he have to give monthly maintanence even after his wife's remarriage?

--No, once she get divorce from you, till her remmariage you have to pay maintenance.  But since she is working, no need to pay maintenance.  But keeping vengeance on you she can file 498a and dowry cases against you.  Be ready for that and when she files the same, you contact me to my email. I will explain you how to tackle that problem.

 

K.S.Srinivas (Advisor (HR))     25 December 2015

1.  Nothing will happen to all the properties.

2.  Since she is employed and earning, she is not entitled to claim maintenance.

3.  No.


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