Can Wife claim property share on divorce?

at the time of calculating maintenance, property taken into account

- this is withen the act om HAMA,   and supported by various judgments of hc & sc.

please read within instead of withen.

please read of instead of om

Dear experts

I hope you remember me. My friend has won the case in family court and she got the house as permanent alimony. Now her ex husband has appealed in the court against the judgment. Now he is saying he is ready to pay money in lieu of residence. And the present value of this flat is 15 lakhs ( In court my friend has given valuation of the same flat as 27 lakhs. The valuation was done by a govt. valuator and he has admitted in the cross examination that this much is the value of the flat). In his appeal he said he cannot give this house as he has no other place to stay when he is in the city. He stays in a different city (he admitted in cross examination that he gets only 15days leave and his two minor children and ex wife went to him in summer vacation of kids) In cross examination he has admitted that he is having three houses (one is commercial room and other two are residential flats) and my friend is staying for last 7years in one of these flat. Court has asked him to produce sale deed within 4 weeks of time. Now the issue is that with 15 lakhs my friend cannot buy a flat. She insists in family court for the flat because she thought shelter is important for her. She said in family court that she will keep some paying guest and do something to her caliber. She is simple graduate, unemplyed and her husband is highly qualified engineer and studied aboard. My friend is worried that if she is given 15 lakhs of money she would not be able to buy a house.

Please suggest how we can we get the flat.

regards

Naz

Dear Experts

I hope you remember me. My friend (is a Hindu) was allowed divorce  in family court and she got the house as permanent alimony. Now her ex husband has appealed in the high court against the judgment.  Now he is saying he is ready to pay money in lieu of residence.  And the present value of this flat is 15 lakhs ( In court my friend has given valuation of the same flat as 27 lakhs. The valuation was done by a govt. valuator and he has admitted in the cross examination that this much is the value of the flat). In his appeal he said he cannot give this house as he has no other place to stay when he is in the city.  He stays in a different city. He admitted in cross examination that he gets only 15days leave and his two minor children and ex wife (he is  divorced twice) went to him in summer vacation of kids. It was admitted by him during cross examination he has admitted that he is having three houses (one is commercial room and other two are residential flats) and my friend is staying for last 7years in one of these flat.

Court has asked him to produce sale deed within 4 weeks of time. Now the issue is that with 15 lakhs my friend cannot buy a flat. She insists in family court for the flat because she thought shelter is important for her. She said in family court that she will keep some paying guest and do something to her caliber. She is simple graduate and her husband is highly qualified engineer and studied aboard.

My friend is worried that if she is given 15 lakhs of money she would not be able to buy a house. Please advise what strategy she should take to get the flat as a permanent alimony (which is already given by Family court) from High court and to dismiss his appeal.

regards

Naz

Dear Expert

I hope you remember me. My friend has been allowed divorce  in family court and she got the house as permanent alimony. Now her ex husband has appealed in the high court against the judgment. Now he is saying he is ready to pay money in lieu of residence. And the present value of this flat is 15 lakhs ( In court my friend has given valuation of the same flat as 27 lakhs. The valuation was done by a govt. valuator and he has admitted in the cross examination that this much is the value of the flat). In his appeal he said he cannot give this house as he has no other place to stay when he is in the city. He stays in a different city. He admitted in cross examination that he gets only 15days leave and his two minor children and ex wife (he is divorced twice) went to him in summer vacation of kids. It was admitted by him during cross examination he has admitted that he is having three houses (one is commercial room and other two are residential flats) and my friend is staying for last 7years in one of these flat. Court has asked him to produce sale deed within 4 weeks of time. Now the issue is that with 15 lakhs my friend cannot buy a flat. She insists in family court for the flat because she thought shelter is important for her. She said in family court that she will keep some paying guest and do something to her caliber. She is simple graduate and her husband is highly qualified engineer and studied aboard. My friend is worried that if she is given 15 lakhs of money she would not be able to buy a house. Please advise what strategy she should take to get the flat as a permanent alimony (which is already given by Family court) from High court and to dismiss his appeal.

regards

Naz