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Ravi Kumar (Manager)     20 March 2010

Can a wife claim share in husband property for divorce

Sir, my marriage life crossed 14 years and i got marry without dowry my wife cheated with me that she

presented a unknown person as her brother i got marry in arya samaj mandir in 1996 after third day of marriage she used her behave very rudly with me and with my siblings i am a self made person and i built a home with my hard work after 14 years her behave is same like a first day i dont have any kids with her. now she blaims on me and filed a case of 125 and also called 100 for to tourture to me. she made my life like a hell always try to do emotionaly tourture . Now she demand 50% share in my home and maintinance per month . i want to ask is she had right to claim 50% share in my property if i get divorce from her ? pls help me



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 8 Replies

Suchitra. S (Advocate)     20 March 2010

Sir, your wife can claim maintenance from you if she is not able to maintain herself. But she cannot ask for share in your property.

1 Like

Ansuman Subhankar (student)     20 March 2010

I agree with the statement of Suchitra.s.

1 Like

(Guest)

1. If she does not have a shelter over her head she can always claim residence right atleast on your hard earned property, then what !
2. People may think to part company of each other for variety of incomparable differneces built up over the years. Kindly think for a moment, at this age / at this crossroads of your "own life" and what is still ahead ot come it would be better if you surrender to reasonable part to her demands thinking of equating her "status of those 14 years" with your "current status" which even during the probable court proceedings you will end up bargaining for as ADR / Mediation proceedings.
3. However, consult in your local area a reputed family law advocate for further help on how to quickly come out of these bad patches of 'balance sheets of life'.
Rgds.

mohammed mazharuddin (Associate Lawyer)     22 March 2010

Hi

Mr. Ravi Kumar,

Your wife have every right to claim a share in your property. i dont understand that all of a sudden after 14 years why she put a demand before you to have a 50% share of your property. May be your true and tolerating her since 14 years but why the question of share arises i couldnt understand wether you have threatened her for divorce or what. You have asked if you have a mutual divorce from her even then she cam claim the share in you property no she cant claim share of your property but she can claim maintenance. I have a doubt that when she had demanded for share in property how can she accept for mutual divorce with out pre- conditions.

 

M.MAZHARUDDIN

LEGAL CONSULTANT

Ravi Kumar (Manager)     22 March 2010

Thanx to all of you for your reply to advice me i would like to clear that my wife behave is so rude and unsocial that i cant live with her more in a roof i have compromised 14 years. She is giveing me a slow poison with her tongue and alligations. She too much shakkie typer woman. Neither she live well not let me live while i like peaceful life i am litrate person and we dont have kids i had tried to adopt a child but she is not agree for this also i was adopt my relatiives child but all time she refused my all perposal . I already discussed with her that if she dont want to live with me she can take divorce and i will give her maintinance and shelter for her whole life but she demanded that she what ownership in my home. I have told her i can named her share but cant give her ownership in my home she can live till her end and i will care her. Now i want divorce with her i think i cant live with her and my age not favoring me that i should wait more . Pls help me what should i do ?  She have ruined my life with her behave . I am just touchy and emotional person if it is remain continue i would sucide some day .and i think she wants it . I want to ask one think can i remove her from my home untill i do not get divorce for this i can available shelter on rent for her ? Is it possible ?

A VICTIM OF MRS HITLER (JUSTICE SEEKER)     26 April 2010

Mr ravi kumar ...look at this...i have a marriage of  16 yrs.. i educated my wife ...MCOM, Diploma etc...she comes frmo a poor socioeconomic background i made her ..outgoing.. got her jobs thru my contacts to earn RRs 4,000 a month....from day one she cried like baby t go to her mom...requires SEX everyday............if u say anything she warns of cutting her wrists... in 16 yrs she has never stayed with my old parents who are alone....spens all her salary all herself ..if u ask waht is aher salar ....she says its mine...one every small matter calls her home ..her brothers who are again anti- social..they come and instaead of peacfuly settling things come ar 1 pm at night raise up the entire colony..police has to be called..........always on her mobile with her friends.. if my child says mumy you have no time for me...she gives her a verbal abuse and shuts her down.....walks about naked in teh house with out a string on her.....says i am jealous of her beauty (why  shd i be i rather be proud)  ..and it is me wwho feels embarrassed and says what if some body sees you ....or what effect it will have on the child....goes with her friends to religoious places without a husband(in hindu religion it si considered ill-fated)....on every small debate goes to police station (alone)....

for last 16 yrs ...ive tolerated yet... and yet it is  she who filed a DV, divorce against me ...im still quite becose of my daughter's future....MORE THAN THIS SHE FILED A DOMESTIC VIOLENCE and then AS SHE IS AWAY WITH HER PARENTS has a cool PHONE SEX WITH ME ....AND THEN AFTER TWO MTHS FILES FOR DIVORCE..

ANY COMMENTS ?????

ALL THESE FACTS ARE WITH PROOF. 

A VICTIM OF MRS HITLER (JUSTICE SEEKER)     26 April 2010

THAT SHD RAD RS 40,000 PM --ERROR

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     06 May 2010

Dear Author,

I want to ask some questions in thid regard. u can call me at 9871158578


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