Keyur (Sales Manager) 01 May 2012

Wife's right on multiple properties of husband

My wife is a career crazy woman involved in multiple businesses and earning well since last one year. I have my seperate business. We stay in the same house. She filed a DV case against me few months back....she asked for ridiculous amount of maintenance alongwith all the reliefs possible under PWDVA. The court in the interim order only gave her the right to residence to stay in my house and one room was given exclusive to each one of us and the rest of the house to be used as a common area. The court did not grant her any other relief in the interim order. Now the case is coming up for her cross examination.
I also have other self acquired properties wholly in my name such as offices and vacation homes. Can she ask the court to give her access to these properties even if I am 100% owner of these ? She has not filed for divorce. Does she have any right to these properties before the new HMA amendments become law. Some properties are in a different city....can she file seperate DV case against me in these cities and harass me ?

2 Replies

Guest (Guest) 02 May 2012

Dear Querist,

Your wife's proprietary rights are confined to only those properties which have been purchased jointly by both of you after the marriage. The self acquired properties belong exclusively to you, and your wife has no right over them. DV Act entitles the wife to get a residence in the 'shared household' of the husband, but it doesn't give her a right to lay a claim to the other self acquired properties of the husband. There can be no multiplicity of the DV proceedings. The proposed amendment seeks to give the wife half the share in the properties acquired by the husband after the marriage. However, no one knows when the proposed amendment would come into existence. Passing of a legislation is a long drawn process, more so when the opinion of the society is highly divided on the same.

Regards,

Ashish Davessar

Advocate

Delhi, Chandigarh

Keyur (Sales Manager) 09 May 2012

@ Ashish Davessar

Thank you very much for your reply. I also apologise for my late response. I appreciate your feedback.

My wife has given a seperate interim application in the court to get an Injunction on all my properties which are self acquired and exclusively owned by me. SHe has told the court that she has apprehensions (only hearsay) that I am planning to sell / lease / creat 3rd party rights into my property. Will she succeed in getting injunction on other properties except the matrimonial (shared house hold) property ?

Thanks in advance