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ankur1011111@gmail.com (ankur1011111@gmail.com)     23 June 2013

Wife's right in my property

i am 56 year old business man, i have 2 major properties that are hotels. out of which i am residing in first hotel with my family from beginning. this property was my ancestrol property which i have got 75% from court decree by dissolving HUF and rest 25% by registry from my mother so now i am 100% owner of this property. I have 2 sons 25 yr old and 21 yr old. 

i have filed divorce under 13 section as she is cruel and greedy of my property. she made false complaints against me for beating her and torturing her. she lodged complains in police so i filed a divorce case to safeguard my self. she is demanding 1 of my hotel, which i dont want to give her. we have jointly a flat in ghaziabad. rest all properties are in my name.

my wife is using police as weapon to tortureme and my both sons  also defaming the family as my sonsby are to be married in few years. so me and my sons are blackmailed by my wife and her family members by defaming us and threating by police.

Me and my wife are living in same hotel but are living seperately, we have separate rooms, seperate kitchen from 2 years

she gave an application to mahila helpline in my city where i gave her 10000 per month as maintenance under police pressure but then also she called police on fake application to harass me, she knows that i am a heart patient and hypertension patient. 

i want her to get a seperate house as she had made my life hell by abusing me and my sons and demanding of property. my sons are with me completely. my wife has some psychological imbalance too.

what are the rights of my wife now in my properties?

can i giveforcely her a seperate accomodation rented or purchased? (as she want to disturb me and kill me slowly by tensing me)

can i sale my hotel in which i have my residence now (during the divorce case hearings) ?

mahila helpline (police ) has decided 10000 per month can i give her maintenance from family court and stop paying by police now?

can she put my hotel property (in which i am residing) in litigation till the case is in hearing? 

can i offer her my share in flat that we have jointly in ghaziabad against  RCR? (to her)f

now fter by temporary decision by mahila helpline my wife has now appealed in aichhik bureau (police made machinery) my case is in hearing in court now aichhik bureau members are threatning me to fulfill her property needs and mantenance money (WHICH i am already giving her) can i stop them to harass me?



 14 Replies

Adv Archana Deshmukh (Practicing Advocate)     23 June 2013

Police has no right to impose any maintainance and it is your choice whether you should pay under their threats or not. When matter is already filed in the court then, do everything legally. Your wife have no ownership rights in your properties except that she can claim maintainance from you. If she claims right of residence then, you can provide her your flat for residance and may offer your share of flat towards compromise and get divorce by mutual consent.

Have a Heart Foundation (Sales & Mktng)     23 June 2013

also make an application to court fr joint family and individual counselling by psychologist.. they will be of great help incase if she really is having any problem.. 

Dont give into pressure tactics that are used against you.. appoint  a good lawyers and approach court.... once your matter is in court its a subjudice matter... police or any other person cannot compell you for anything unless there is a court order... 

you must approach court and try to procure restraint order or stay against police and  aichhik bureau members for causing you any harassments..

you can tell your sons to file separate case of harassment and tresspassing in the absence of court orders if need arises.

1 Like

ankur1011111@gmail.com (ankur1011111@gmail.com)     23 June 2013

dear suresh ji,

wan to know what is the procedure for individual counselling from psychiatrist from court? my wife knows that  she is a psychological patient so she denies and dont want to meet psychiatrist can family court direct her for counselling ? do i have to file another case or just put an application in section 13 case that is under hearing?

ankur1011111@gmail.com (ankur1011111@gmail.com)     23 June 2013

dear archana ji,

i heard that my wife is soon to file section 13b against me. do i have to give her any share of property if i agree for 13b.

my in laws are talking to me by mediators and want 50 lakhs cash (for which i am not in position to arrange immediately)

i have income of 5 lakhs per annum and have liabilities of around 1cr and also submitting fees of around 2 lakhs per year for sons education

how much will court order for maintenance can this figure cross 10000 per month.

my wife makes false allegations while residing in my hotel that i have disconnected her electricity, gas, water etc. i have to prove again and again to police that i am not doing it so. my wife comes daily at  10pm - 12pm so i have to wait daily on maingate for her. other wise she calls police and neighbours that i am harassing her.. how can i come out of this due to this i am unable to leave city from 1 year so as to avoid any nuisance at night.


ankur1011111@gmail.com (ankur1011111@gmail.com)     24 June 2013

dear suresh ji,

wan to know what is the procedure for individual counselling from psychiatrist from court? my wife knows that  she is a psychological patient so she denies and dont want to meet psychiatrist can family court direct her for counselling ? do i have to file another case or just put an application in section 13 case that is under hearing?


Hemang (Advocate)     24 June 2013

You can not escape from maintaining her. So continue to pay the maintenance. A wife has a right to share household. You may provide her the suitable accomodation, otherwise, she would also ask for the "residence order". If you fail to provide the maintenance and the residence, it would amount to "economic abuse" within the meaning of Protection of Women against Domestic Violence Act. So, it is better to settle the things amicably and I suppose, you have raised grey heir. So instead of keeping ego in matrimonial life, try to concilliate as your sons have also attained the marriageable age. If not, you will involve yourself in another case of "economic abuse". Your property will also be involved and the Court would easily grant the stay against transfer in any manner whatsoever. 

kavksatyanarayana (subregistrar/supdt.(retired))     24 June 2013

i agree with the opinion of Hemang ji

ankur1011111@gmail.com (ankur1011111@gmail.com)     24 June 2013

dear sir,

i am already giving her 10000 pm by advance post dated cheques for one year as maintenance (by mahila helpline)and also she is living in same building where i am living but then also she is creating nuisance like calling police on fake applications, now fter a decision from mahila helpline she has moved to aicchik bureau, now aicchik bureu members are calling me from few months on every sunday and asking me to provide a new 2 room house and monthly maintenance, when i agreed to provide her so by giving aicchik bureau in wrritten that i agree to provide her house and monthly maintenance, but she is not ready to leave my property, she now changed the channel of aicchik bureau while the matter was on last stage, she want me to leave my commercial building(hotel) and to change my residence in her pressure and police threats.

what else can i do to delibrately move to some other place or house (i will buy for her) she is not ready to leave this place, and cause nuisance all the time by threating my staff, my children and neighbours, she is ruining my old age by defaming, threating, and her demands of property.

Adv Archana Deshmukh (Practicing Advocate)     24 June 2013

S. 13 B cannot be filed by your wife alone. Its MCD and to be filed by both the parties jointly. You can take the help of some skilled mediators to convince your wife to leave your property and accept the other accomodation offered to her. Your sons are grown up now. Ask them to talk to their mother properly and convince her for the peace of all.


13b, MCD.  Before you sign it, make sure you have read the contents, all clauses. If you dont want to keep on paying her money for the rest of your life until she remarries, then pay her in one shot, if demands are too high and you cannot afford such payment, then you can always seek intervention of judge, who will help you arrive at a reasonable figure.  Once you get divorce, you can file civil injunction to kick her out.

ankur1011111@gmail.com (ankur1011111@gmail.com)     24 June 2013

should i file 13b along with section 13 which i have filed last year (is in hearing) 

or i have to take back sec 13 before to file 13b?


Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     24 June 2013

No need to worry file an application before court and court have power to convert the same. 

Have a Heart Foundation (Sales & Mktng)     25 June 2013

application for appointing psycholigist can be made u/s 12 of family courts act...

u can buy her a house and make application to court to obtain interim orders for vacating your hotel...


My friend,you are getting confused.You have likely filed under 13(a) for cruelty,contested divorce which is CONVERTED to 13(b) mutual divorce when the two parties agree to terms and conditions.

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