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desertedhusband (na)     16 February 2016

Division of bank balance in divorce process

Hi Experts,

In a divorce, apart from monthly spousal support, can a wife claim a share from saving account of husband which is in his name only and only his earnings have been accumulating in it? if yes, how is it calculated. for example there is 20 Lakh Rs saving in husband's account.

Regards

desertedhusband



Learning

 8 Replies


(Guest)

Your account, your money.  Thats it. No question of division.  If it was joint savings account then the question of division would arise.  You are safe.  Better transfer all money to your moms name today itself.

 

 

desertedhusband (na)     16 February 2016

I have heard and have been reading on the Internet, that assets which have been maintained and used by both the spouses are divided equally, like property, investments, savings etc. Now I have only one account which is my salary account also. so will that not be claimed for.

Sidharth   16 February 2016

Dear Quriest,

Helping hand rightly advised you. A woman can claim only monthly maintenance, which is necessary to live with same dignity as she was living with her husband. She cannot ask for division of property or cash or other assets which is in the name of husband only. 

desertedhusband (na)     16 February 2016

Thanks Sidharth and Helping hand,

in event of disagreemnt between spouses about finance, is it not correct that if court has to decide about alimony (permanent of monthly), it considers the value of total assets of husband (property, savings etc.) ? I am from Delhi, and there it is must to submit the complete income affidavit listing all your moving or non-moving assets, cash, savings etc.

Regards

Sidharth   16 February 2016

Dear quriest,

You are absolutely right that you have to give very detailed affidavit as per order of Delhi high court.  But the delhi high court issued that order because in India work sector specially self employed sector is not very much organized and one can easily hide his/her income and law says petitioner should live to same dignity as living before filing of case. To know the complete status and income . Delhi high court gave a order that which details are mandatory to mention in affidavit. 

Don't worry info given to you is correct. 

Sidharth   16 February 2016

If you want I can give you format of affidavit. 

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     16 February 2016

There is no such provision that 1/3 of take home income will be maintenance or alimony for husband or wife u/s 25 of HMA. 

desertedhusband (na)     16 February 2016

Thanks all of you, and special thanks to Mrs. Renuka Choudhury laugh

mera dimag theek hai madam or sir. and,, yes I realy have loads of money tabhi toh phoonk phoonk ke kadam rakh raha hoon... cheeky

The reason I am sepcifically asking about division of bank balance is that I live abroad, and here divorce is a very easy process. But the problem is with the assets which includes bank balance also. As per the rules here in this country, divorce is a three way process, a) divorce, b)alimony and c) division of assets. for assets, the rule is that law of the country of marriage will be applicable. So if indian law says no division of bank balance account then I am happy.

 

 


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