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How to save hard earn property from wife

(Querist) 25 June 2012 This query is : Resolved 
Me and my wife both are enginers. We hv been separated since 1.1 yrs . I allow her to left my home on the condition that she will give me divorce Mutually and without courts cases.She don’t wish to come back… but under her parents influences she is now ready to come. But I don’t wish to taste the POISION again as there is not love in between us. Now I heard new laws is to be coming abt wife can claim for 50 % in property. I have flat on me and mother name. But I hv loan on that flat around 11 lakh. My salary is around 40000 pm.
How to save my hard earn property from her & her lusty parents. She has not contributed in my flat even 1 rupee in my 3 months married life. One Lawyer told me abt Gift deed and sale deed before any case. But for both need NOC from ICICI home loan bank . Bank is not providing me NOC to GIFT DEED or transfer Deed. I can’t closed home loan of 11 Lakh to prevent huge maintenance to her.
She is BE electrical was earning 10000 pm but last month she left job and sited at home.
Why government making these weird laws which any wicked wife can misuse? How much time will take to this law come into power?
How to save my hard earn property from my in laws?
Should I file for divorce as she is not not ready for MCD under her parents influence?
Ajay Bansal (Expert) 25 June 2012
The new law of 50% share of divorcee wife is yet to be enforced. So without delay file case of divorce.
SAINATH DEVALLA (Expert) 26 June 2012
Don't bother right now about the share,just concentrate on RCR,498A,and DV Act at the moment.
Sudhir Kumar, Advocate (Expert) 18 November 2012
If you feel that your wife can leave you without extracting a huge fortune (even if she contributed nothing) then you are mistaken.

DV Act allows her to enforce her residence in the house.
V R SHROFF (Expert) 18 November 2012
You can't escape paying price to get married.

You may save as much as possible.

intentional leaving of job to claim mtn is discouraged by SC judgements .
As she was earning, Court may not allow that much, that you have to be scared off.

She can't remain unemployed for long, to get 5-10k , and loose 20k p.m. salary
or remained single lifetime!!

So do not panic.

ajay sethi (Expert) 18 November 2012
dont file for divorce . wait and watch . the fact that she is highly qualified and was working earlier will help you in avoiding maintenance .


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