Property claim during divorce process

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Hmm..  No reply. Did I ask a very hard question? I don't think so.

Is there anyone on this forum who knows answer of my questions and can reply?

Thanks.

Greetings,

The things which court keep in mind while deciding the quantum for maintenance are,

• Income of the party against whom alimony has been claimed,
• Property of the party against whom alimony has been claimed,
• The income and other property of the applicant,  
• The conduct of the parties and other circumstances of the case.

As established in Mehboob Production (P) Ltd. v. CIT (1977) 106 ITR 758 (Bom), in order to constitute of income, the receipt must be one which comes in (a) as a return, and (b) from a definite source. It must also be of the nature which is of the character of the income according to the ordinary meaning of that word in the English language and must not be of the nature of a windfall.”

Hence you need to show the complete ITR Report and the inclusion of the properties that are to your name can be granted by court to your wife under the banner of divorce alimony. However, ancestral properties which is in the name of your parents or any other relative cannot be claimed. Hence, in regard with your property in Ajmer, if the property is in someone else’s name, it cannot be claimed by the wife.

Hope this helps.

Regards

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- Relax, in India, wife can only claim maintenance from HUSBAND ONLY. Be it CRPC 125 (Maintenance/Quasi-Criminal) or PWDVA (Compensation/Quasi-Criminal) or HMA24 (Maintenance/Civil).

- No claim on property, as long as it is not in joint account with wife.

- No claim on ancestral property or any property, as long as not on joint account.

-Alimony is decided by factors such as length of marriage, children, status of both spouses, quality of life of spouses. (Psst : Collect evidence to show that you kept wife happy, but she is cruel. Cruel wives are not entitled to alimony or maintenance. Get a clean divorce on that basis as well.)