Legally cluless
jay
(Querist) 06 June 2013
This query is : Resolved
dear all
i have applied divorce on the grounds of desertion and cruelty,the maintenance of my wife is already been ordered in lower court and she has further filed for enhancement of the same in high court.i bought a land 20 years back on my wife's name for the future of our daughters who are both adult now,my wife left my house herself and says that will never give me divorce,meanwhile she sold the above said land(worth Rs 1 crore ...she is also earning as an insurance agent. i am clueless as what should i do now?.
..i am an govt employee..kindly suggest me my next step.i don't want to continue with the lady.i look after my both the daughters who are persuing their studies in DU.
Raj Kumar Makkad
(Expert) 06 June 2013
Persue your divorce case seriously and obtain the documentary evidence of the sale of the land and her agency income so that she may be deprived off from further amount of maintenance from you.
jay
(Querist) 07 June 2013
Thanks for the information regarding money matters Advocate Makkad...kindly tell me how should I go in order to take divorce from my wife? The maintenance procedure took all the time since i filed for divorce(around two years).Neither she want to do the duties of the lady of the house nor she want to divorce,,,so what should be the legal way to take divorce from her. i really do not want to continue with the lady.What option a man is left with the situation I am in.
Kindly help me ,my next date is appearing soon on 20th June...what all could be and should be done?
she took the desired maintenance...demanded herself the given amount.to torture me further, she applied for enhancement...she does not even pay a little amount towards the needs of daughters whenever they visit her,,i keep feeding my both daughter's accounts for minutest of the needs,look after them completely and will always do..i love my children,there is no question on their well being!
how and when will I get the peace in my life personally? Is there any help in our legal system for a husband?
please HELP!
jay
(Querist) 08 June 2013
kindly help me members..
applied divorce two years back,,maintenance ordered for wife,,,now she sold the property i bought on her name with my hard earned money...and still refusing to give divorce even after keeping all the money with her.
1. how can i get at least half of the property price?
2. is it lawful to rob one's hubby like this and then harass him by telling that will not let you live..will not give divorce!!WHAT IS THE REMEDY???
what should i do? kindly suggest.
V R SHROFF
(Expert) 08 June 2013
IT SEEMS YOU ARE ABOVE 50 YEARS AND AT THE EVENING OF YOUR LIFE.
I suppose, you do not intend to remarry.
You committed mistake of buying land property on her name, trusting her,
"Vishwas ghat hota hai, jab aap vishwas rakhte ho"
Don't trust anybody. U shd hv kept your
second name in property! Now it is too Late.
It is important to know , How you want to Plan your rest of Life?? What is your Aim and Objective of Life??
And Plan to achieve it.
prabhakar singh
(Expert) 08 June 2013
1)As regards to property bought by you in her name you are too late in seeking legal opinion as she has sold and buyer would plead bonafide purchaser of value.Otherwise an injunction suit against her on the ground of Benami buy in her name by you could be a suit to restrain her from sale.Seeking cancellation of sale deed is the remedy but weight due to unobjected sale has tilted in her favor because law also presumes name holder as owner which you require to rebut strongly.
2)As regards to divorce,she has right to contest as much as you have right to relief.There can not be any concession to either of you due to property dealt by her.
3)But consideration received by sale and agency income would have great bearing on maintenance issue.
ajay sethi
(Expert) 08 June 2013
you made the bifggest mistake of your life by buying property in your wife name . now she has sold the property and got one crore . you have not mentioned how much maintenance you are paying per month . challenge the order of maintenance on grounds that wife is working as insurance agent and has got one crore from sale of property which you had bought in her name .
if your wife is not willing to garnt you divorce it will be a long drawn affair . contested divorces take years
jay
(Querist) 08 June 2013
Cant I claim my share in the sale price by showing the purchase details which is made by my salary...argument is i never thought of landing in divorce situation in life when I purchased it on her name!
or
Cant I sacrifice my share (by the law) as the price of alimony..i do not have any other asset other than few policies.
she is purposefully not giving me divorce..she said she cant leave the place of an officer's wife!(but will not fulfill the duties of one)
I have many many evidences where she is badmouthing me and raising hand on me publicly...my friend is the witness of the event.she never ever taken care of me as a husband or my parents and family,not even supported me at the time of critical health conditions of my brother and mother...never attended any of the funerals(my mother and brother died in a months span) neither let our daughter attend the same.All these have a very negative impact on my life..i can not live with the sick mind who only wants money.power and fake identity in society...she left my home herself.I am staying alone at my posting place since last two years..but i too need a peaceful life!
is there any way out to this situation?
today i only want divorce at the earliest.
jay
(Querist) 08 June 2013
respected members,my query is still open
ajay sethi
(Expert) 08 June 2013
you must have engaged a lawyer to fight your divorce case in family court and in high court wherein she applied for enhancement of amount of maintenance . show him the proof that you had paid purchase proice of property and bought it in her name that she sold it for 1 crore . hC wont pass orders for enhancement of maintenance .
divorce cases take long to be disposed of if its contested affair .
