Heading for a divorce - not sure
ramesh
(Querist) 16 April 2013
This query is : Resolved
Dear sir,
We are not in good terms... though I am interested and wanted to lead a hormonious life, she is not interested in me. I doubt she may file for a divorce from me. What happens she files first? She has been uttering this for sometime now. We have a son..
Please let me know what are the precautionary measures I should take before she files.
With respect to my property, ancenstral property what would happen?
I have not been having conjugal rights for the past one year.
V R SHROFF
(Expert) 16 April 2013
Ramesh,
no precaution as nothing can be done.
Let her file Div Petition. ,
or go for MCD, it is better for both, and you can dictate consent terms.
Son is entitled to ancestral property in any way.
no diff whether she or you file first.
As she had not harassed u, by 498/dv/125 etc, I think, it is better to settle amicably. In case you recd legal notice, talk to her adv thru ur adv & finish the matter.
ramesh
(Querist) 16 April 2013
Thanks Sirji for a quick response. She or her parents are not at all coming for a dialogue whenever i appraoch them to sort out. just an open discussion itself will sort out the matter. they are just not coming forward.. Their behaviour is just absurd.
She has been troubling me all these years.. The kind of trouble she has given to me, i dont want the property to go into her hands.. she is just materialistic. Is there a way i can sell it off or write to my minor son, me as gaurdian. Please clarify sir.
ashutosh mishra
(Expert) 16 April 2013
Hi Ramesh !
You need not worry about your ancestral properties as she can not, nor does she have any right to, claim in those.
Rest you can not check.Be it 498a or D.V. or Divorce.
Your options are simply to contest them.
V R SHROFF
(Expert) 16 April 2013
Property can go ONLY TO YOUR SON ON HIS MAJORITY 18 YRS
She can't touch property.
ashutosh mishra
(Expert) 16 April 2013
Just now she does not have even right to claim in even your self acquisitions.
ramesh
(Querist) 16 April 2013
Thanks Ashutosh sir,
Dear Both (Shroffji and Ashtoshji)
As per the recent legislation and amendment in parliament on marriage act, can't she claim 50% of the share the property i hold.. if yes, is it only residential property or any other land investments as well.
What if i gift them to my mom or sisters.. before she files for a divorce.. Will that be contested? is there a time period within which they can't be sold? many many questions in the mind sir. I am not able to work properly at all.. it is almost harrassment for me.. all these 10 + years.
ashutosh mishra
(Expert) 16 April 2013
Hi ramesh!
That's why i wrote "just now"
Your anticipation is yet not inforce.
Moreover even if get enforced, it shall apply to your acquisitions not to ancestral
properties.
ajay sethi
(Expert) 16 April 2013
amendments have not been passed by parliament yet
Raj Kumar Makkad
(Expert) 17 April 2013
No such Act is either before Parliament nor has been passed so there is no use to waste time over imaginary questions.
R.K Nanda
(Expert) 17 April 2013
no more to add.
