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krunal (owner)     09 March 2015

Wife asking for divorce

Hello ,

  we have done a love marriage in arya samaj on jan 2013 .after that me any my wife started living toghter after jan  2014 .we where blessed with baby gal on dec 2014. she went her home after tht she wanted divorce .her famiy memeber told her that i had suffered a heavy lose in bussiness and we had a lot of finance problem .her parent inested that she should stay at her home and not return back to my place.i am tensed hearing from her that she filing for divorce in the court .i told her i wanted to stay and i am not willing to give her divorce .went to her place for six times to bring back but she dont want to come back. i am tensed think about my daughter who is just 2 month and her applying for divorce.

can you please help me??

1)can wife get a share in my parent property or inhetance property which property title is not in my name??

2)i am gifted a small piece of land by my aunty throught gift deed.there is a court case on that land by third party .can my wife get a share in that property .if so,can a gift deed can be transfer or cancelled,revoked.

3)i am not earning anything bussiness is registred in my name.i am working with my dad.i dont have a salary slip or Income tax paid from last three years .i have only on piece of land which court case is pending .if my wife apply for maintance for her and child what amount  i have to give her .

4)i have two month daughter ,her custody will be with her mother till the time she turn puberty i have read in forum.what the age of puberty ?.she will win child custody .after few years when child attain puberty can i fight back for child custody again in court once child custody was granted to her by court.

5)what is alimony ?.in my case can my wife apply for alimony .if so how will court decide a amount and how i have no earning now then how will i have to pay her .

6)is there any law where wife get 50% of property share in husband property or inhertance property of husband.

Please do help me ...


 2 Replies

Born Fighter (xxx)     09 March 2015

1  -- NO

2 -  Since this property is in legal cant sell / revoke gift deed / do anything now as its in litigation. Your wife cant claim any share till the case gets finalized. 

3-  file Personal IT returns for past 2 yrs immediately based on whatever earnings you get from fathers business . Consult lawyer before you do that. This will help you to prove whatever little your earning is. Also note you will have to pay for maintenance of your child and cant deny that responsibility

4-  Getting custody is very difficult and time consuming,  do you think you can take care of child on your own....its not easy .you can consult a lawyer

5 - Alimony - your wife can ask for the moon, but she will get based on your willingness /income/earnings

6- No share in inherited property. Wife can claim share if she owns property jointly with you on paper

All the Best !!

Mango (Consultant)     09 March 2015

The real part of this deal is the reason why your wife does not want to stay with you. You can fight to restitution of conjugal rights if you would like her to stay with you and believe that your grounds are more viable and legal than her. No one can force a person (husband/wife) to stay with him/her if he/she does not want to stay. It would be breach of fundamental right of freedom.

What I could see in this case is that you would loose either one of the sides. If you prove that your salary is not sufficient enough then you would loose the right to custody as your are not self-reliant and still dependent on your father's earning to take care of your family.

Second, you do have to pay maintenance for your kid but what would be the maintenance amount that would be calculated after Assets & Liabilities difference between you and your wife. One third of portion of difference would be granted as maintenance amount. You have not told that how much educated your are and how much educated your wife is. If anyone of your were doing any jobs prior/after the marriage and what was the salary you both were drawings.

Third, it would take years for you to get your daughter back. Primary right lies with mother until and unless she is not mentally unsound.



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