How is property divided and alimony decided?
supabcdefgh
(Querist) 18 June 2012
This query is : Resolved
Assume all wealth is generated after marriage. Assume best case scenario from wife point of view. What is the general rule in deciding the property division and alimony?
Assume the couple has one son, staying in hostel and court decides that responsibility of son stays with father and mother gets time if son is comfortable. So 12+ and has his own feeling and do not go well with mother and prefers time with father.
The question is about alimony and property division. Please do not divert the division about child custody.
Adv Archana Deshmukh
(Expert) 18 June 2012
There is no rule of property division. Husband's property will remain with him and wife's property will go to her. The wife is entitled to maintainance if she is unable to maintain herself. The quantum of maintainance will be such that she can maintain a standard of living as that of her husband.
Adv.R.P.Chugh
(Expert) 18 June 2012
* Endorse what has been said above by Archana Ji.
* The concept of marital property is not yet introduced it has only been passed by the Cabinet - and nobody knows what actual shape it might take.
* At present she is only entitled to alimony maintenance until point of her remarriage, and has no stake in property whatseover.
R.K Nanda
(Expert) 18 June 2012
Do not assume things.
supabcdefgh
(Querist) 18 June 2012
"Expert : Adv Archana"
a) all property are earned after marriage. I mean ALL.
b) Intially wife warning was 40%, gradually the percentage earning difference increased exponentially.
c) All property are joint property
Does that mean proportionate to income or 50-50?
What about right of the son to parental property?
Logically a 30-30-40 with 40% to wife is acceptable to me.
And about standard of life after marriage, does it have to be on husband income alone, and not of earning from savings?
Husband life has son, mistress, her children (assume all these) and wife has none.. so expenditure is less even for same standard..
Please be the judge facing me:
a) I provide 30-30-40% or property division
30% for me, 30% for me son and 40% for her.
b) I pay enough expenditure from salary
to maintain same life standard I maintain.
Because I spend maximum 40% of my earning to maintain my life standrad.. So this 40% will become 50% So I still can save..
Is that acceptable: How much is that:
I proposed Rs. 25,000 pm, a place to stay,
and regular visit to her to make sure she
get each and everything I enjoy if she wants or some alternative.. + 40% of my present property.. as insurance..
Does it looks logical?
My objection : if I give more money in hand, she will keep them in almirah and not in bank kill the money.
Shonee Kapoor
(Expert) 19 June 2012
This is not a query, it is an assumption.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
supabcdefgh
(Querist) 19 June 2012
This is not a query, it is an assumption.:
after I get a answer, I would propose this to my wife for mutual consent.
So what do you mean.. mr. harassed by 498a?
If you do not wish to answer, why degrade the status of experts.. have dignity..
If you do not like posts.. ignore me.
