ravi (soft.eng) 20 March 2011

divorce - assets split (false 498a)

Hi,

False cases booked on my family: 498a, 324

Suppose if we win the case and file for divorce, what would be the situation if my wife asks for asset splitting (50% share of mine which includes house and agricultural fields of my parents). What is permanant alimony?

Could you please explain me in detail so that we can proceed?

Thanks in advance.

Ravi

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3 Replies

advocate.poojasingh (practising Lawyer) 20 March 2011

Ravi don't w8 for long false F.I.R amounts to great mental cruelty which (mental cruelty) is amongst 1 of the ground for divorce. Delay amounts to condeming this cruelty.

Permanent Alimony (u/s25 H.M.A) is smthng (money) which a man gives in lumpsum to his wife as permanent maintenance while fixing this several parameters are considered by the Court. In no way ur wife can claim over the property of ur father and mother under H.M.A or Cr.P.C. .

However if she prefers to file a case under DV Act, it is here where the concept of share household comes into force. There are several way to avoid this as definition though constant but varies as per the case or say it basically depends upon nature of case

ravi (soft.eng) 20 March 2011

Thanks Pooja.

She was with us when we married(20 days) then we left to Canada. We return here after 1 year in different dates. She straight away went to her native place and put a case after 6 months.

For mutual understanding they are asking us to pay lot of amount for which my heart never accepts. I even donate it to poor rather.

Filing divorce is safe now, since the case is in starting stage?

Regards,

Ravi