Wife share at the time of divorce
Ajay Sharma
(Querist) 25 June 2013
This query is : Resolved
hi Expert
I purchased a (Residential plot/land) before marriage and after one year of marriage my wife put false 498A and DV case against me and my parents.
Now I would like to give her divorce can my wife legally claim that property(Residential plot/land) which is self acquired and that to before marriage.
Thanks
Devajyoti Barman
(Expert) 25 June 2013
Wife has no right of share in husband's property, either prior to or after divorce.
prabhakar singh
(Expert) 25 June 2013
No!A wife can not claim property of any kind owned by husband irrespective of it's mode of acquisition during subsistence or after divorce of marriage.
Her CLAIM is maintenance and alimony.If husband is not able to satisfy her claim she can seek creation of charge on husband's property by a court decree.
Ajay Sharma
(Querist) 25 June 2013
HI Expert
In DV Case suppose I am not satisfied with lower court order/judgement can i plea to higher court says: high court and than supreme court.Is there is any time limit for appeal in higher court.
Rajendra K Goyal
(Expert) 25 June 2013
Yes you can appeal to higher court, in the time available for appeal.
Devajyoti Barman
(Expert) 25 June 2013
Preferring of first appeal is matter of right.
Rests are on discretion of the court.
Raj Kumar Makkad
(Expert) 25 June 2013
You can definitely file an appeal within the stipulated limitation.
BRIJENDRA K SINGH
(Expert) 01 July 2013
I total agree with Mr. Prabhaker Singh . So this is the main ground by which you claim your property . There are three ways by which you can get your property :-
1. By divorce petition
2. By civil suit
3. By writ petition
member third one is last option dont use it first
