Neha Sharma (HR specialist) 22 October 2012

Asset separation for divorce

Due to extra marital affair of my husband i am going file for divorce.Since i am working lady drawing salary more than 45000 PM,i will not get any maintance claim from my husband.I dont have kid also. Is this true legally ?

I have one flat and car .Both have under loan in my name.These assets we purchased before our marriage.No doubt we jointly paid emi from our salary.

can my husband claim it ?

He is telling me to make a legal agreement so that at the end of loan period he can get some share from that flat.Similarly he is telling me to transfer car to his name.

Is this applicable for divorce ? The flat is in my name.

how the property will be shared if property is not ancetral for divorce?

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5 Replies

Advocate M.Bhadra 22 October 2012

You would not get Maintenance/Alimony as you are employed,if the property is your name then your husband would not claim,it is not a matter that who paid the EMI,after filing Divorce suit you should inform the bank and repay the loan to the bank by your side.

sripada VRS (LEGAL AND FINANCIAL ADVISOR) 22 October 2012

as per your side ok, but your husband job and salary. if your husband no income they file maintenance from u.

Pooja Patil (manager) 22 October 2012

what if the husband is earning around 25K and wife is earning more? will he get maintanence from wife

stanley (Freedom) 23 October 2012

@ pooja ....under the hindu marriage act 1955 (section 25 )either spouse can claim maintanence provided he does not have sufficient means or neglects the other spouse or refuses to maintain .Now for eg say that due to various factors he has been dis membered and he is not able bodied not capable of working having no source of income .Surely he can claim .I have personally seen some Supreme court judgements when wife has been ordered to pay maintanence to husband .