Justice-Needed (Service) 23 February 2017

Alimony (property) on contested divorce

Hi All,

I am from Noida and working in private company as sales head.

My wife is harassing me from past 5 years by filing one case or the other (498, 125, DV) with all false allegations.

At present I am paying monthly interim maintenance of Rs 34,000/- to her and for my son (11 years old) as decided by the court. I have tried all ways and means to reconcile but nothing worked well.

She is also not ready to give me divorce in MCD as she is enjoying her life by sitting at home and spending 34k. I have now decided to go for contested divorce which would take another 4-5 years (depends on the family court) which I am aware of as I dont have any other alternate option.

I have two flats in Noida. One flat is on my name and second is on joint name (me - primary and co owner is my wife), although two flats are purchased by me (whole and sole) and I am paying EMI for both flats.

I want to know what if court will grant divorce then:

1) Could I be forced to give one flat (any) to her in contested divorce?

2) Monthly or Permanent alimony (one time) who decides?

Need your advice on the above.

Thanks in advance.

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14 Replies

(Guest)

Originally posted by : Justice-Needed

Hi All,

I am from Noida and working in private company as sales head.

My wife is harassing me from past 5 years by filing one case or the other (498, 125, DV) with all false allegations.

At present I am paying monthly interim maintenance of Rs 34,000/- to her and for my son (11 years old) as decided by the court. I have tried all ways and means to reconcile but nothing worked well.

She is also not ready to give me divorce in MCD as she is enjoying her life by sitting at home and spending 34k. I have now decided to go for contested divorce which would take another 4-5 years (depends on the family court) which I am aware of as I dont have any other alternate option.

I have two flats in Noida. One flat is on my name and second is on joint name (me - primary and co owner is my wife), although two flats are purchased by me (whole and sole) and I am paying EMI for both flats.

I want to know what if court will grant divorce then:

1) Could I be forced to give one flat (any) to her in contested divorce?

No. But dont stop paying alimony. If you stop and it starts piling up as dues, court may take physical custody of the flats and give it to your wife (for dues, due from you towards her).

2) Monthly or Permanent alimony (one time) who decides?

Family Court decides upon such application made under appropriate section.
However one time alimony if you want to give and get away from paying montly alimony, you can intimate the same to FC Judge. if both judge and your wife approves for the figure that you suggest, pay it in court and get rid of paying montly alimony. Property share your kid will have irrrespective of you both getting divorced.

However you sharing your property in whose she also has a name jointly depends on how much she has contributed towards its purchase. if she contributed 10 rs, she will have 10 rs share in that property.

Need your advice on the above.

Thanks in advance.

If I could suggest, you both have good family picture. Why dont you try reconcilation for sake of kids future?

Justice-Needed (Service) 24 February 2017

Thanks Helping Hand for your valuable suggestions.

Justice-Needed (Service) 24 February 2017

Thanks. Please let me know:

\1) If it is the good option to gift my flat (which is on my name and I am staying at present) to my parents on their name.

2) To occupy the flat which is on joint name as no one is staying there at present. What if I will occupy? is there any risk as she is the co-owner of the flat so do I have to vacant the flat in future?

Please suggest

stanley (Freedom) 24 February 2017

@ author

1. Has interim maintenance been passed in crpc 125 at what stage is the case in and how long will it take to conclude the final Maintenance everything depends on that .

2. What are the reliefs she asked for in DV case and at what stage is the case . Has she asked for right to residence .Now is interim maintenace passed in the above case or in this case .

your cases are a bit tricky .

3. At this stage gifting your flat is not the right decision .

4. If for both the flats you have paid for everything including all EMI than she does not have a share in the flat . But in DV case if she has claimed right to residence and if the judge grants the same to her without even paying a single penny the flat is hers and you cant drive her out from them till she is alive .And neither can she dispose of the place . Its better to offer her a rented accomodation ..

Give full details of the above two cases like DV and CRPC 125 and in which case orders have been passed .

You can file contested divorce but based on what grounds you have for evidence . Be it for cruelty / Desertaton .

Justice-Needed (Service) 24 February 2017

Originally posted by : stanley

@ author

1. Has interim maintenance been passed in crpc 125 at what stage is the case in and how long will it take to conclude the final Maintenance everything depends on that .

Yes Interim Maintenance is passed in crpc 125. At present stage is in cross of the petitioner. They are delaying the case as its more than 4 years. I am already paying the rent for her accomadation which is included in 34K as directed by family court.

2. What are the reliefs she asked for in DV case and at what stage is the case . Has she asked for right to residence .Now is interim maintenace passed in the above case or in this case .

your cases are a bit tricky .

In DV she has filed the same case as mentioned in 125 crpc

3. At this stage gifting your flat is not the right decision .

Thanks

4. If for both the flats you have paid for everything including all EMI than she does not have a share in the flat . But in DV case if she has claimed right to residence and if the judge grants the same to her without even paying a single penny the flat is hers and you cant drive her out from them till she is alive .And neither can she dispose of the place . Its better to offer her a rented accomodation ..

Yes I have paid everything including all EMIs for both the flats. For accomadation as mentioned above, I am already paying her rent sperately.

Give full details of the above two cases like DV and CRPC 125 and in which case orders have been passed .
DV case is also in progress and affidavit of the petitioner is submitted. They have demanded same thing in DV as demanded in crpc 125.

Thanks for your help and support

You can file contested divorce but based on what grounds you have for evidence . Be it for cruelty / Desertaton .

stanley (Freedom) 24 February 2017

@ author

its better if you file certified coy of interim maimtenance in DV case and state that you are already paying maintenance in CRPC 125.She cannot claim multiple maintenance .Below is the judgement .

Multiple maintenance not allowed SC_1

December 29, 2011Fighting Legal TerrorLeave a commentGo to comments

Equivalent citations: AIR 1999 SC 536, 1999 CriLJ 466, JT 1998 (9) SC 473
Bench: S Bharucha, F Uddin
Sudeep Chaudhary vs Radha Chaudhary on 31/1/1997
JUDGMENT
S.P. Bharucha, J.
1. Special leave granted.
2. The respondent-wife has been served by substituted service but does not appear.
3. The appellant-husband and the respondent-wife are estranged. The wife filed an application under Section 125 of the Criminal Procedure Code for maintenance which was awarded at the rate of Rs. 350/- p.m. with effect from 3rd July, 1990, and was subsequently enhanced to Rs. 500/- p.m.
4. In proceedings under the Hindu Marriage Act the wife sought alimony. It was granted at the rate of Rs. 600/- p.m. on 11th August, 1987, and the amount, thereof was subsequently enhanced to Rs. 800/- p.m.
5. Since the husband failed to pay the amount of maintenance as aforesaid, the wife started recovery proceedings. The husband contended that the maintenance amounts should be adjusted against the interim alimony and the Magistrate before whom the recovery proceedings were pending upheld the contention. The High Court, in the order which is under appeal, held that the Magistrate was in error in directing adjustment of the maintenance amount awarded under Section 125 of the Cr.P.C. against the amount awarded under Section 24 of the Hindu Marriage Act.
6.We are of the view that the High Court was in error. The amount awarded under Section 125 of the Cr.P.C. for maintenance was adjustable against the amount awarded in the matrimonial proceedings and was not to be given over and above the same. In the absence of the wife, we are, however not inclined to go into any detailed discussion of the law.
7. At the same time, we feel that the claims of the husband and the wife are to be balanced. We, therefore, direct that the husband shall pay to the wife towards maintenance (which now comprehends both the amount awarded under Section 125 of the Cr.P.C. and the amount awarded in the matrimonial proceedings) the sum of Rs. 1,000/- p.m. commencing from 3rd July, 1990. The arrears, if any, shall be paid within 8 weeks.
8. This order will be subject to such orders as may be passed at the stage of final disposal of the matrimonial proceedings.
9. The appeal is disposed of accordingly.
10. No order as to costs.

stanley (Freedom) 24 February 2017

In contested Divorce she cannot force you to give one flat to her . In case she asks for the same you can state and prove that all the EMI's have been by you and she has not even payed a single penny for the flat .

Justice-Needed (Service) 24 February 2017

Thanks for your valuable comments.

Justice-Needed (Service) 24 February 2017

After 4 years of the petition filed by the petitioner for crp125 the case is still in the cross examination stage.Hence I would like to know:

1) How many more years will it take to finish the crp125 case as petitioner is smartly delaying the case by taking dates and filing unnecessary applications to delay the matter. Is there any way to push this case for speedy closure?
2) If in case I file petition for Divorce, could this time (spend in crpc125) be utilized in contested divorce? and how much years it will take to grant divorce.

stanley (Freedom) 25 February 2017

@ author

Every case runs on its own footing irrespective of the other case .

1. your Lawyer should file an application stating his objections that the opposite party is dealying the case by filing un necessary applications just to prolong the case . It may be that your lawyer and her lawyer are hand in glove to prolong the case . By any chance are you paying your lawyer on per hearing basis .

2. Based on the weight of the evidences you have you should go ahead with contested Divorce . At times it takes 2 or maybe 3-4 yrs .

Justice-Needed (Service) 25 February 2017

Thanks Stanley for your time and valuable inputs.

Madhu ojha (Orthopedic surgeon) 27 February 2017

Life is worth enjoying Please try to patch up and live life together You met each other due to God's will Life is too short to be wasted in disputes Rest as per the wish of Nature I am facing the same situation like you My wife is after money and property I am a 66 yrs old orthopedic surgeon I am facing many cases with false allegations She understands only language of MONEY but God will make some way as per our past karma

stanley (Freedom) 28 February 2017

Originally posted by : Madhu ojha
	Life is worth enjoying Please try to patch up and live life together You met each other due to God's will Life is too short to be wasted in disputes Rest as per the wish of Nature I am facing the same situation like you My wife is after money and property I am a 66 yrs old orthopedic surgeon I am facing many cases with false allegations She understands only language of MONEY but God will make some way as per our past karma

At your age people spend the time praying and after spending so many years togather youll have gone to the court . No hard feelings .Take for instance even if your wife gets the property is she going to take it to her grave considering your ages ..