Wife deserted from 15 months, query on her right to property
Querist :
Anonymous
(Querist) 20 February 2018
This query is : Resolved
Dear Sir/Madam, My wife has desrted me from last 15 months after marriage of 8 years with both the children. After so many requests(proofs as sms & phone recordings where she denied to come), (one video where her relatives has abused me and my family members with foul languages), she is not ready to come and her mind been washed by her parents. She is the only daughter to her parentsa and her parents live in a rented house(same house from last 20 plus years). My salary is Rs.1,14,000/month and my wife earns Rs.50,000 per month. I have following queries:
1. Will it be prudent if in case she wont return, can i file divorce on the basis of desertion after completion of 2 years.
2. What is the percentage chances of getting the custody of my children?, Atleast one, it will help me to put pressure(in good sense as her mind been washed by her parents and realtives) on my wife to bring her back.
3. What amount of maintainance i have to give for her and children, in case i lose the custody case.
4. I bought a house worth Rs.1.10 crores 3 years back registered on my name and took the loan amount of Rs.40 lacs, out of which still around Rs.15 lacs is pending. My wife has given me the cheques worth Rs.8-10 lacs in my bank account, which I further used in the repayment of bank loan.(rest payments done by me only). In case of divorce do i have to give the share from my property. Will court consider that she or her parents dont have their own house while taking the decision.
Looking forward for your advice.
Regards.
Vijay Raj Mahajan
(Expert) 20 February 2018
The divorce on the basis of desertion of 2 years or more is not so easy to get but it's worth trying.
The issue of custody of minor child or children basically depends on the welfare of the child/children and with whom the child/children are at best comfortable level. You may be allowed custody on sharing basis or regular visitation.
The right of the wife in your self owned property during your lifetime doesn't exist however she contributed in purchasing the property will entitled her to claim her share of amount from you and how you return it depends with sharing the property with her or paying it from your pocket.
Children maintenance is an issue that has to be shared by both working parents,so be ready to provide your share if not providing.
Working wife can still claim maintenance from husband if she's not having sufficient means to maintain herself, but in your case that doesn't seems to be the case.
Sri Vijayan.A
(Expert) 20 February 2018
1. You can file divorce case. Before that try to send legal notice
2.You can try, chances depends on plea, argument and counter argument and hence it cannot be predicted.
3. Working women, maintenance may not be problem/ requirement.
4. You may have to return the money of 8 - 10 lacs
Dr J C Vashista
(Expert) 22 February 2018
If you are seeking an obligation from experts FREE OF COST you will have to disclose your identity as per rules of this platform, NO reply for an "anonymous" author.
Kumar Doab
(Expert) 27 February 2018
AQ so NO reply……………
Kumar Doab
(Expert) 27 February 2018
Pls post with your ID and you can get many replies………Your ID does not mean your name or phone number or email Id and don’t post these…
Post your full query in one new thread with your ID…….
