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lawman (ceo)     07 June 2012

Wife property share after divorce

Can anybody tell me what will be the share of wife on property after divorce if the property is on husband's name?  Can  husband save the property by doing relinquish deed on someone else's name or any other way to save the property? Gifting is not an option as it would be a disaster for husband. There is still some time before husband moves to the new house. Thanks.



Learning

 11 Replies

Adv Archana Deshmukh (Practicing Advocate)     07 June 2012

As per the current position of law, wife has no share in the property of the husband on divorce. The bill which have proposed to give 50% share in the residential property of the husband on divorce is not yet passed.

Adv Archana Deshmukh (Practicing Advocate)     07 June 2012

A wife can only claim maintainance from the husband on divorce.

1 Like

lawman (ceo)     07 June 2012

Thanks for answering mam. I just got panicked after reading the news few days ago.

chinni (SW Engineer)     08 June 2012

Hi.. We got married in 2008 January. My wife is rude and she is a house wife. She wanted to live close to her parents. Between 2008 and 2009 my wife attempted to move out saperately from my parents but I denied that and I came to London in 2011 January and it will be very difficult If I land here with family with out any arrangements for house and other basic things. So mutually discussed and she did agree that she will come and join me once I arrange all the basic facilities. But, after arranging all the facilities in couple of months, I did request my wife to come and join. Since then she is not showing any interest to come and join me. I did request her multiple times on this but no use. She wanted to keep my baby close to her parents and that is the reason she is not coming. few elder persons tried to convience her by mediation but she told them that I never informed her to come and join me. I have all emails that I sent her requesting to join me. she is threatening me that she will file a DV case if I force her to come. psycologically am soo disturbed and frustated with out seeing my baby. Is there any way that I can take legal action on her and will it help me in any way?

chinni (SW Engineer)     08 June 2012

Hi.. We got married in 2008 January. My wife is rude and she is a house wife. She wanted to live close to her parents. Between 2008 and 2009 my wife attempted to move out saperately from my parents but I denied that and I came to London in 2011 January and it will be very difficult If I land here with family with out any arrangements for house and other basic things. So mutually discussed and she did agree that she will come and join me once I arrange all the basic facilities. But, after arranging all the facilities in couple of months, I did request my wife to come and join. Since then she is not showing any interest to come and join me. I did request her multiple times on this but no use. She wanted to keep my baby close to her parents and that is the reason she is not coming. few elder persons tried to convience her by mediation but she told them that I never informed her to come and join me. I have all emails that I sent her requesting to join me. she is threatening me that she will file a DV case if I force her to come. psycologically am soo disturbed and frustated with out seeing my baby. Is there any way that I can take legal action on her and will it help me in any way?

Adv Archana Deshmukh (Practicing Advocate)     08 June 2012

File a petition for restitution of conjugal rights.

chinni (SW Engineer)     08 June 2012

Dear Archana: thanks for the response and what if she file 498A or DV in return. Is there any way to protect from that? am worried about my parents, if she make them accused, am far away to protect them.

Kindly advice

chinni

M V Gupta (Advocate)     08 June 2012

Better not enter into litigation. Be patient and try to purusade her to join u. Filing of the RCR petition or divorce should be last resort.

Nandha (NIL)     08 June 2012

one thing i can't understand.. when wife is rude, does not respect husband, in-laws, threatens legal action etc., then why  the husband has to persuade the wife to join him? 

chinni (SW Engineer)     08 June 2012

Yes Nandha> I do agree with you. it is already 1.5 years that I did wait for her and nothing happend. can you suggest any better solution fot this?

Sammelan Kavi (Software)     11 June 2012

Chinni I also second the advice of Shri M V Gupta. I cannot say for others, but I as a man, find filing RCR most humiliating. Marriage is lot more than conjugal rights and if the applciation was called "Restitution of marriage", it was perhaps OK.

Asking abusive wife to forget everything and to formally seek that she grants you your Conjugal Rights paints husband way way low. This is how I personally feel and I am only stating what I feel. 


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