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Ramesh   18 May 2018

Wife will get half of property when divorce occurce

 

Actually, I stayed in aboard several years (14 years) in various countries. I was married my wife 12 years ago. During these periods, my wife was stayed with me only around two and half years (2 years 6 months) with me, after that she did not stay with me, main wheel, she got baby after that she stayed in India only. I came back to India (around one year ago) because I got gazette officer government job.

Now, my wife doesn’t want to stay with me. My wife’s brother-in-law (sister husband) is police officer, he is threatening me that he want to file the case in police station like dowry harassment, domestic violence etc. through my wife. He is intension to grasp my all assets. My wife was left to my house two months ago (March 2018), now, she is staying in brother-in-law (sister husband) house.

My wife’s brother-in-law (sister husband, police officer) saying that court will ask to me to give half of my monthly salary, half of my plots, house, money, and 25 laks deposit to my daughter (my daughter is 8 years old).  Is it true.

Do I lose my government job if police arrested me in dowry harassment, domestic violence etc.

Do I need to give half of my monthly salary to my wife every month for her maintenance.

Do I need to give half of my assets to my wife, which I was earned by myself.



Learning

 9 Replies

TGK REDDI   18 May 2018

You won't lose your job.

Half of your salary needn't be given.

Your assets will be untouched.

JINEESH LAL (LAW STUDENT)     18 May 2018

your job would

not losed and your assets too but a portion of money may be awarded to your wife and child for thier livelihood

Kumar Doab (FIN)     18 May 2018

You have the capacity to pay as is clear from details in your post; maintenance, alimony.

Have you, elders from both sides, mediators, well wishers, sharp counsels, shrude negotiators……not tried to save the marriage?

If differences can be creased, and marriage can be saved nothing like IT.

If litigation can be avoided and mater can be resolved amicably and troubled wedlock can be ended by MCD IT is 2nd best option…

If nothing is possible despite all efforts and matter is sure to land up in PS, courts of law and relatives ( Police official) is OP’s side then you need to become properly informed and have your unshakable witnesses and irrefutable evidences and a very able counsel to guide and defend you.

You need to build rapport and goodwill with bosses and authorities so that they consider your hardships and are gentle and considerate while looking into rules.

At the same time you must not be into a situation where authorities also convey that their hands are tied with rules and your hands get tied by police officials and you are in custody…

Kumar Doab (FIN)     18 May 2018

 

What is your spouse doing Or Is your spouse self employed, employed and earning?

If yes, how much?  Do you have the evidence of her proof of earnings?

Which personal law applies in your case say: Hindu?

The marriage was performed under which Act say; Special Marriage Act?

Do you have any record/irrefutable evidence of desertion and efforts made to unite and failure of all efforts?

Do you have irrefutable evidence of threats, illegitimate demands etc made to you by a police official that happens to be relative?

Go thru your Government job ‘Conduct and Discipline Rules’ and action that the authorities can take if any untoward incidence happens and the information and submissions you have to submit to the office/authorities!

Kumar Doab (FIN)     18 May 2018

Originally posted by : Ramesh
 

Actually, I stayed in aboard several years (14 years) in various countries. I was married my wife 12 years ago. During these periods, my wife was stayed with me only around two and half years (2 years 6 months) with me, after that she did not stay with me, main wheel, she got baby after that she stayed in India only. I came back to India (around one year ago) because I got gazette officer government job.

Now, my wife doesn’t want to stay with me. My wife’s brother-in-law (sister husband) is police officer, he is threatening me that he want to file the case in police station like dowry harassment, domestic violence etc. through my wife. He is intension to grasp my all assets. My wife was left to my house two months ago (March 2018), now, she is staying in brother-in-law (sister husband) house.

My wife’s brother-in-law (sister husband, police officer) saying that court will ask to me to give half of my monthly salary, half of my plots, house, money, and 25 laks deposit to my daughter (my daughter is 8 years old).  Is it true.

Do I lose my government job if police arrested me in dowry harassment, domestic violence etc.

Do I need to give half of my monthly salary to my wife every month for her maintenance.

Do I need to give half of my assets to my wife, which I was earned by myself.

There are mismatch in your post.

Approach your own very able senior LOCAL counsel of unshakable repute and integrity specializing in Family matters and having successful track record ….. and worth his/her salt …and discuss in person and even seasoned PIP and proceed in best of your interest.. 

1st of all find such LOCAL counsels and also become properly informed so that you can defend your interest.

Avoid running and rushing to PS, court until then and also falling into the traps laid by OP.

SO far you do not have any problem staring at you other than demand by relative that is in police and is on side of your spouse.


(Guest)

You will lose your property somehow or the other. Be assured of that much through your wife.

Kumar Doab (FIN)     19 May 2018

If you wish and if you want, dispose the property/estate and enjoy the cash.

Prepare your WILL and register IT.

In one matter the male spouse (unlike you) was reason for marital discord, being boozer/womanizer/work shirker etc etc and being only son was tolerated by family. The other spouse also tolerated the nuisance after marriage, even after child birth, and while child was growing. The dispute landed up in PS, media, society, courts and all that thoo thoo (insult, social stigma) happened.

The aged Grandfather is alive ( about 95y+ now) and has lots of estate and tried all tricks to bring them together. Some of which has been disposed and cash dispensed as deemed fit.

The seasoned, wise, sharp, shrude counsels stepped in.

The WILL that is prepared and registered is witnessed by unshakable witnesses and is drafted in such manner ( foolproof) that only the grandchild will get richer and all other will get nothing.

The grandchild has grown and has seen the fights and nuisance and may not forget anything and have any mercy in future.

Some spouses do believe that their offspring’s must be aware of everything and take their own decisions.

The other spouse that is not at fault has been made comfortable.

The WILL is made known to all and everyone has tried to cajole, emotionally blackmail, force, pressurize etc etc ( on record) and nothing has changed and will not change until the parties mend ( not just show off) and unite and satisfy the will of aged family head.

Everything is possible in this mortal world.

1st choice that is best should be as already posted in previous posts.

Rest have their own hazards. One should attempt to stay away from litigation as much as possible. Some compromise if gets peace of mind then it is worth IT. If litigation becomes unavoidable, nothing may happen if you don’t get subdued.

Chose your preferences in life wisely.


(Guest)
Originally posted by : Kumar Doab
If you wish and if you want, dispose the property/estate and enjoy the cash.

Prepare your WILL and register IT.

In one matter the male spouse (unlike you) was reason for marital discord, being boozer/womanizer/work shirker etc etc and being only son was tolerated by family. The other spouse also tolerated the nuisance after marriage, even after child birth, and while child was growing. The dispute landed up in PS, media, society, courts and all that thoo thoo (insult, social stigma) happened.

The aged Grandfather is alive ( about 95y+ now) and has lots of estate and tried all tricks to bring them together. Some of which has been disposed and cash dispensed as deemed fit.

The seasoned, wise, sharp, shrude counsels stepped in.

The WILL that is prepared and registered is witnessed by unshakable witnesses and is drafted in such manner ( foolproof) that only the grandchild will get richer and all other will get nothing.

The grandchild has grown and has seen the fights and nuisance and may not forget anything and have any mercy in future.

Some spouses do believe that their offspring’s must be aware of everything and take their own decisions.

The other spouse that is not at fault has been made comfortable.

The WILL is made known to all and everyone has tried to cajole, emotionally blackmail, force, pressurize etc etc ( on record) and nothing has changed and will not change until the parties mend ( not just show off) and unite and satisfy the will of aged family head.

Everything is possible in this mortal world.

1st choice that is best should be as already posted in previous posts.

Rest have their own hazards. One should attempt to stay away from litigation as much as possible. Some compromise if gets peace of mind then it is worth IT. If litigation becomes unavoidable, nothing may happen if you don’t get subdued.

Chose your preferences in life wisely.

Arey oh gyan prakash. You stop spilling your brains in this section of LCI you are best suited in Labour section.  You dont even have Law degree, why are you making fun of people you idiot?

TGK REDDI   19 May 2018

Law degree is unnecessary to become either a member or an expert.   

He's not an idiot who goes wrong or who commits a mistake.

I respect the member who's either Shri Kumar Doab or Shri Gyan Prakash despite the fact that account is deleted.     It's often a matter of pride if account is deleted.

He who's hated by many is often a genius.

People don't know to respect geniuses.

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