RaviSK (engineer) 11 January 2011

Mutual divorce sharing assests and maintance

Hear is my friend's case.

My friend married 5 years back , they were now ready to take divorce.Both my friend and his wife are working and highly paid . My friend is worried as he has a house which also required to share half part to his wife if he divorce his wife.

Is this correct... Please advice..

But the intresting thing is his wife doesn't know that he has a property.

Do court ask him to show his properties? If he don't disclose his property what will happen if identified.by court..

Thanks

Kumar

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4 Replies

Adv Archana Deshmukh (Practicing Advocate) 11 January 2011

If the house is in the sole name of your friend then, his wife cannot claim any share in it.

Gajender Singh (ca) 12 January 2011

adv archana, my lawyer asked me to transfer my property to my siblings/parents before my wife claim The property is in my name. As per him a wife can under HMA claim both self acquired and ancestral property of husband. my wife is a house wife and filed 498a on me.

Adv Archana Deshmukh (Practicing Advocate) 12 January 2011

A wife has no share in the property of the husband till he is alive. So she cannot claim it under HMA or under any other law. If maintainance is granted to the wife and the husband does not pay it, then the wife can attach the property of the husband to recover the dues. But this can happen only if the husband does not pay.