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Ramesh (student)     27 August 2013

Divorce

Dear Sir,

Rajya Sabha has passed the bill on 26/08/2013 in favour of wife for providing her share of 50% immovable property at the time of divorce.

Is there any condition that husband’s inherited and inheritable property is also be provided to wife and children once the marriage is legally over.

In the present case husband has filed a divorce case but he does not have any immovable property but there is property of his parents taken by them on bank loan (one flat) and both mother and father of the husband is alive.

Kindly guide is wife have any claim on the above property of the parents of husband after divorce ?



Learning

 3 Replies

aman (manager)     27 August 2013

Dear sir,

I got married on may 2013,later i came to know about my wife that she is involved with one guy before marriage and continue her relations including physical with that guy even after marriage also.Her parents were also aware about her affair before marriage and after marriage also but when i told them about her then they didnt respond properly neither acted accordingly to convince her not to be involved in all this.Now I contacted her and asked about future of our relation but she didnt respond me at all.

The man with whom she is involved is unmarried and his parents were against marriage of my wife with that guy so her parents married her to me..I was not aware of all this before my marriage.She behaved normal way till our honeymoon..after that she started ignoring me and involved with that guy.

Now its almost 2 month over,we are not in touch with each other,i spent 2 weeks with her after my marriage then used to visit her at weekends but she used to avoid me and hardly spent time with me..she was not in touch even with my parents and neither visit to home aftr honeymoon..

Now  I want a divorce from her..but I dont know her stand as i already asked her for separation but she didnt respond to me..actually she is doctor and her  2yrs study remaining,the guy also her batchmate only..so i heard rumour that she will keep me linger on till that guy parents will be ready for marriage or till she will complete her study..

so,pls guide me that 

1.On what grounds i can file for divorce...and

2.what other charges i can level against the girls parents and girl if any?and what about that guy ny charges can i put?

3.Whats are possibility for mutual divorce..

4.whats the criteria  for mutual divorce?

5.if it will be contested one then how i shud proceed? and

6.normally how much time will take for divorce in  mutual or contested one?

Adv k . mahesh (advocate)     27 August 2013

the property which is self acquired property only has the share to your wife and 

not your parents property 

gd dy (gd dy)     27 August 2013

as far as inherited property is concerned :
simple logic is its ownership as a whole or in part shld b in ur hand.

not necessary or compusion for one to give own property to offspring.

as per constitutional right one can will it entire self earned property in favour of a STREET DOG and no one can make objection to it.


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