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Sandeep (sdf)     20 January 2012

Urgent advise neede on divorce and property related...

Hello experts,

I hav some queries abt divorce and property distribution.

The case:

The husband and wife are married since last 20-22 yrs. Husband is well qualified and
wife is also well educated and doing  sevice in well Govt. Bank. They hav 2 children both above 18 yrs.

Husband always beated wife for money since last 20 yrs. Wife has not complained anything abt this.

But After she got very annoyed after an incident of cruelly beating by hubby. She gets 6 stitches
on her head. She goes to the Local Police Station. But they only charged him u/s 498a, 323, 504,505.
He got the bail the very next day.

Now the wife wants to file for a divorce. She also got a photo of her husband with a lady with whom
he was having an affair.

So wats the feasibility in this case.

What will happen to the properties below??

1) A plot was bought by the Husband after marriage. Then the bank hesitated to give loan in the name of hubby
to build the house. He transferred directly the plot by "Proper Sale Deed" in the name of wife. And the wife took the loan
on her name and built the house. Bank loan is being repaid from wife's salary from the very begining  of the loan.
Loan is still outstanding of Rs.4 Lacs. Can Hubby demand his share in property>?? What abt the children??

2) Husband bought another property after marriage in the form of plot in the name of him and his brother as co-owner.
can wife or children demand share in this property?

3) Husband's father is still alive. He has some ancesteral property in his name and some of it is already transfered
in the name of his another son. What abt this property??

4) What abt the alimony to wife?? and maintenance of children if they are above 18 yrs??

5) Hubby also got a car 6 yrs ago for 5 lacs ...wat abt that??

Plss give me ur valuable suggestions....

thanxx....


 



Learning

 4 Replies

ajay sethi (lawyer)     20 January 2012

wife can get divorce on account of cruelty if husbband physically assaults her and is having affiar with another lady .

 

better engage a detective agency to get proofs of affair of husband . it is better to get divorce by mutual consent other widse it will be a prolonged affair .

since wife is also working she wont get any maintenance . as far as properties are concerned if property is in name of wife and she is paying off the loans she is the owner of property .as fras children are concerned if they are studying fatherwill have to shell out money for mintenace .

better husband and wife go for counsellingsince married for 22 years . at this stage better reconcile the differnces

 

 

ajay sethi (lawyer)     20 January 2012

wife can get divorce on account of cruelty if husbband physically assaults her and is having affiar with another lady .

 

better engage a detective agency to get proofs of affair of husband . it is better to get divorce by mutual consent other widse it will be a prolonged affair .

since wife is also working she wont get any maintenance . as far as properties are concerned if property is in name of wife and she is paying off the loans she is the owner of property .as fras children are concerned if they are studying fatherwill have to shell out money for maintenace .

better husband and wife go for counsellingsince married for 22 years . at this stage better reconcile the differnces

Sandeep (sdf)     20 January 2012

but what abt the fact that it was 1st purchased by the husband and then transferred to wife???

 

and what abt the other properties??

shaheen (lawyer)     04 February 2012

The title and ownership of the property stands in name of wife and the bank statements will proove the payments were from the wife. The wife has full right on the property and Husbands claim if any will not withstand.


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