Land in the name of wife
ss
(Querist) 19 January 2013
This query is : Resolved
Dear sir,
pls let me know your adv on the below -
the husband is the earning member of the family and wife is homemaker. They hv 2 children. Husband has purchased properties in the name of wife (though wife has given her jewels too for purchasing the lands and had been very stringent in household expenses and saved money) over a period of 10 years.
He has left their residence 6 months back and residing at his mothers house and has sent a divorce notice and has also issued a cavaet for the lands in the name of wife.
Pls adv what course of action shld be taken by the wife here. Adultery/ drinking are a few of the misbehaviours of the husband. How does the wife safeguard the property for the children as there is no other savings for their future expenses.
Also adv if the husband can claim custody of children - boys aged 4 and 10.
Devajyoti Barman
(Expert) 19 January 2013
File a DV case when in pray for residence order. Since the property is in your name you should not have any problem in getting the order.
The proceeding under PWDV case is most expeditious.
ajay sethi
(Expert) 19 January 2013
the property is standing in your name . wife cannot be disposeesed from the said property . if husband has issued divorce noticethen she can file DV case and claim right for maintenance , custody of children and right to stay in shared household .
courts generally grant custody to the mother
Raj Kumar Makkad
(Expert) 19 January 2013
I do endorse the views of all other experts.
ss
(Querist) 21 January 2013
Dear sirs
Thanks for the adv.
Another query - can we sell the lands to avoid dispute later, though he has filed cavaet.
Dear Mr. Prabhakar singh, we have the record of mobile bills where several calls / SMS were sent to the lady. Will it be accepted as proof.
Thanks and awtg yr replies.
ajay sethi
(Expert) 21 January 2013
if no stay has been obtained by husband wife can sell the property .
Raj Kumar Makkad
(Expert) 21 January 2013
SMS and messages are definitely termed as evidence if duly proved and wife can sell if stay order is not in operation.
