Raj (Self) 21 August 2014

Already sold house property

I've applied for divorce after spending 10 years of married-life & my so-called wife filed RCR against me. We are fighting this case since last 3 years. Our only kid is with me. Though she was guilty of adultery, I somehow sensed that they will ask for a big maintenance. So I sold out the only house property (which I bought after my marriage) before they could apply for interim maintenance. The question is - What she can claim out of it as interim maintenance & permanent alimony? Does she still have a chance to apply for the amount I got from selling the house. After selling the house I used the amount to pay off the house loan & some personal loans.

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4 Replies

Raj (Self) 26 August 2014

Any help would be highly appreciated.

SuperNuvos (Own) 29 August 2014

Since you have sold the property, I believe you were the sole owner of the same. If this is so, there was no immediate need and you could allow the property price to appreciate atleast till the time your case was going on.

Re: Maintenance, is your wife working or is she educated enough for making her ends meet? If yes, you need not worry about paying her anything as you are anyways having the custody of the child. For alimony, she can ask for Moon. As of now, you do not initiate anything from your side.

Raj (Self) 31 August 2014

Thanks Nuvo. You comment "She can ask for Moon" made a smile on my face :). Since she was guilty of adultery & dragging the case since last 3 years, I don't want to give a single dime to her anymore.

Yes, I was the only owner of the property & I've already sold the property, i.e. it is no more with me. My question is can she claim for the amount I got after selling it?

Re: Maintenance, Yes, she was working & I've the IT returns she filed for 8 years. But she stopped filling IT returns after our separation & now claiming for interim maintenance (decision is still pending for the application).