Ravi Taneja (DGM) 18 September 2011

Can wife claim right on property?

Hi,

I have been married from last 6 years and my wife has been sufferring from Bi-polar mood disorder. I have filed a divorce case on grounds on unsound mind and cruelty. My wife is non working and currently living with her parents. Now I am planning to buy a property on loan in NCR, I want to know that can my wife have claim on that propoerty under any circumstances?

My net take home monthly salary is around 1.3 lacs, kindly suggest me following:

> What kind of monthly maintainence i should expect from court?

> My current EMI of personal loan, car will be taken into account before finalising monthly maintainence?

> I'm living in a rented accomodation

> Proposed home loan will be considered as my expenses and will be considered before making monthly maintanence?

Please ask for any further details required..

Regards,

Ravi Taneja

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2 Replies

Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 19 September 2011

Now I am planning to buy a property on loan in NCR, I want to know that can my wife have claim on that propoerty under any circumstances?

YES AND NO. SHE CAN GET RIGHT OF RESIDENCE IN SAID PROPERTY BUT NOT OWNERSHIP OF THAT PROPERTY.

BUT THAT PROPERTY WOULD BE A MATERIAL FACT WHILE DECIDING PERMANENT ALIMONY, IF ANY.

My net take home monthly salary is around 1.3 lacs, kindly suggest me following:

> What kind of monthly maintainence i should expect from court?

ANYWEHERE BETWEEN 1/5TH TO 1/3RD OF YOUR NET TAKE HOME SALARY. THOUGH THIS WOULD ALSO DEPEND UPON YOUR BONAFIDE EXPENSES AND LIABILITIES.

> My current EMI of personal loan, car will be taken into account before finalising monthly maintainence?

YES.

> I'm living in a rented accomodation

EVEN THIS WOULD BE TAKEN IN ACCOUNT

> Proposed home loan will be considered as my expenses and will be considered before making monthly maintanence?

NOT NOW. YOU CAN NOT GO ON CREATING ASSETS JUST IN ORDER TO DENY MAINTENANCE TO WIFE AND CHILDREN.

REGARDS,

SHONEE KAPOOR

HARASSED.BY.498A@GMAIL.COM

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 22 September 2011

Dear ravi taneja

there is a provision under Section 125 of Crpc for maintinance of wife it is descrition of hon'ble court basicly it is 1/3 to 1/2 of the monthly income.

but your wife can not claim in your property because there is a ground for maintinance and right to claim in property that "living separate without any reason" if you prove that she is living separate without any reason then she can not able to maintinance.

feel free to contact on 9953809956