How to reduce libility in case of divorce
Querist :
Anonymous
(Querist) 09 October 2010
This query is : Resolved
Dear Experts,
My wife is living separately from last 3 years, I have sent her RCR but she just came for 15 days with me in last month and gone back. I have tried my best to bring her back, she is working in north, not willing to leave her job, I am working in Bangalore. I am middle level executive in good company get around. 1 lakh per month as take home salary after deduction of tax & PF. My wife gets 8000PM. I am sending her Rs5000PM. I have told her I will give Rs10000PM as her pocket money even if she do not work and stays with me. She can get job in Bangalore also, I have requested her to resign that job and find new one in Bangalore, but she is not listening to me , her parents, I have tried all levels.
She is not willing to divorce. Only option is to contest, I have even tried for mutual but she is not ready. Her purpose is to stay away and married tag both together. I got married in 2004 have no kids.
I have a house in joint name worth 65 lakhs, but she has not given single penny, I have paid 40 lakhs rest as EMIs. I have 25 lakhs loan for this joint name property, If our marriage breaks is half of value of property will go to her?
I have cash liquid as FD, share Rs 18 lakhs. I am paying huge interest in loan of Rs25 lakhs, but I get same percentage from share market, so I am keeping my earning where my wife can not touch in case of break up
I have some queries
a. Pay loan of Rs 18 loan of current house which is in both of our names, If my marriage turns in divorce, will I loose half of money?
b. Buy another house by this cash on my and my mothers name- Will my wife will get half from this asset also In case my marriage turns in divorce?
c. Do not think to buy any asset till wife comes back or gives me divorce, keep money in my & my mother’s joint account.
d. How can I minimise the lability of maintenance if my marriage turns in divorce. My wife is working, she is a single child of her parents. Her father gets pension of Rs12000per month. My father in laws assets worth 50Lakhs, all they will give to her once they become very old . I have earned all my money by salary and TDS paid. I have worked very hard to reach professionally where I am , but my life is screwed up because of problem in marriage. I am very upset and depressed; marriage will be such hell I never imagined. Pl. suggest me on above queries. I am daily calling my wife and requesting her to come along with me, but she is not listening
yogesh
(Expert) 09 October 2010
Divorce by mutual consent is settled outside on the table where party at disadvantageous condition bargain in order to derive more profit before mutually consented for divorce and the court affirms the decision
In your case which appears to be difficult you may proceed with section 9 of HMA if you manage to get the decree and then file divorce on the ground of non compliance of order
Manish Singh
(Expert) 15 October 2010
Dear,
just don't worry and keep on contesting the Restitution case since once your wife fails in the said petition, maintenance liability consequently gets reduced drastically or even can be done away with since its the wife wish not to live with the husband.
also, don't worry about the properties and keep on paying the emi's of the property and try, if possible, to transfer the properties in your or mother's name.
even if that does not happen, after divorce you can go for suit for declaration for the property to be transferred in your favour showing that all the money have been paid by you only.
