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suffering (jj)     14 January 2018

Will my wife snatch my property in 125crpc

Hi Recently in my cross examination by opposite side lawyer he is able to proof that I have properties. I have become jobless since last 1.5 years. And unable to pay her maintenance. I still have been maintaining my 12 year old son by paying all his educational expenses. She has been earning 33500rs per month. She filed false 498a against me and left my house i have got acquitted in it and no appeal is pending for it. She volunteerly deserted me same day she filed 498a complaint and now made non livable conditions with her. Is she still entitled for maintenance? I don't have any running income. And properties are jointly owned by me and my father. So can court still award her maintenance though court is convinced that I don't have any job since last 1.5 years and can maintain myself and old age parents and my son for next 1.5 more years with my savings. I am already in deep trouble and will not be able to pay her. Pl let me know what should I do in case court pass judgement against me due to properties which do not bring any income.


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 10 Replies

JASWANT VIJAY AGNIHOTRI (AIR ARMY)     14 January 2018

Any child?

suffering (jj)     14 January 2018

Already mentioned in above query that still maintaining 12.5 years old son

suffering (jj)     14 January 2018

Already mentioned in above query that still maintaining 12.5 years old son

suffering (jj)     14 January 2018

I have been fighting this case since last 9 years. What do you want to know

Sachin (N.A)     14 January 2018

Originally posted by : suffering
Hi
Recently in my cross examination by opposite side lawyer he is able to proof that I have properties.
I have become jobless since last 1.5 years. And unable to pay her maintenance. I still have been maintaining my 12 year old son by paying all his educational expenses.
She has been earning 33500rs per month.
She filed false 498a against me and left my house i have got acquitted in it and no appeal is pending for it.
She volunteerly deserted me same day she filed 498a complaint and now made non livable conditions with her. Is she still entitled for maintenance? I don't have any running income. And properties are jointly owned by me and my father.

So can court still award her maintenance though court is convinced that I don't have any job since last 1.5 years and can maintain myself and old age parents and my son for next 1.5 more years with my savings. I am already in deep trouble and will not be able to pay her.
Pl let me know what should I do in case court pass judgement against me due to properties which do not bring any income.

 

She cannot claim your properties, She is also not entitled for maintenace. You are only bound to maintain your child which you are already doing. Acquittal 498a is added advantage.

Don't worry.

JASWANT VIJAY AGNIHOTRI (AIR ARMY)     14 January 2018

Agreed and don't worry.

Kumar Doab (FIN)     14 January 2018

Which personal law applies in your case say; Hindu!

Kumar Doab (FIN)     14 January 2018

Your lawyers should/must have  advised that  the spouse without any source of earning can claim maintenance from other spouse that is earning.

The facts of each matter may differ, still discuss with a very able senior LOCAL counsel of unshakable repute and integrity specializing in such/Family matters and having a successful track record…….and show case file of all cases for a considered opinion …………… and to defend your interest…

The details/facts  of case decided in your favor  may also help you.

 

 

 

 

 

 

 

 


(Guest)

Yes your wife can snatch all your property.

Your son has equal rights in the property yo uhave.

If you dont pay alimony to wife and kid, court will handover the property you own to her and the kid. 

Just take back divorce case and ask them to join you or you go join them.  LIke tht your scare of property vanishing will stop.

Haar kar jeetne wale ko baasigar kehte he. Think..

 

TGK REDDI   14 January 2018

Agree with Shri Sachin.


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