Husband filed Divorce case filled in mid of 2014 and it was withdrawn by Lok Adalat process after few months. But husband did not stay together with his wife as husband was working in other city. With in a week, Problem is started over the phone and started staying away from his wife and Again husband filled divorce case after few months.
After six month, Wife also filled DV case against husband's family members. Husband filled petition in High court to get exemption for his family members not appearing in the court for DV case.
In between, Wife filled partition suit in Court stating that all the properties in the name of husband was bought from income earned from ancestors properties. But Husband gave that ancestral property to his sisters as a free Settlement. So wife has prayed to get partition of Husband's father property and transfer the share of husband property to two children's name. ( Children are 9 years old) Wife represents as guardian to the children in the court.
The fact is that Properties is self acquired property by Husband. It was transferred to his sister's name by settlement due to some indirect threats from wife side.
Another allegation is that Husband gave Rs 8 lac to his father-in law (wife's father) in 2012 and asked to transfer the money from father-in law account to husband's account instead of carrying Rs 8 lac cash while travelling. But It was told in the partition suite that Father-in law gave money Rs 8 lac to Husband for the construction exp of house. So wife prayed in partition suit to get equal share on the house constructed. But Title of the house property is purely in Husband's name.
Husband is transferring Rs 3000 monthly to wife's account for monthly expenses and paying school fee and transport fee directly in school for his children. Also he is paying monthly Rs 1000 each in post office saving scheme for his children. Wife is working and Children are staying in Wife's custody.
Please clarify the following.
When partition should happen in normal Hindu family?. What is the need of partition now. Teh Husband already is taking care of expenses of Wife and Kids. If it is not sufficient, she can use her DV act filled against husband in 2014 and also she can claim interim maintenance from Divorce case which is trail stage now. After partition, she may get around 1 acre of barren land. is she going to do agriculture land for earning money for exp?. Also DV case filled by his wife is purely false because wife is living with her parents house for the past 3 years.
If husband accepts the partition now, husband's share will be going to his children. What if husband gets one child with second wife in future only after legal divorce wtih first wife. How will third child will get the share from ancestral property which is already shared by first and second child. Can husband put this point to the court?
Can husband approach high court to reject this partition suit and DV case for these reasons by attaching evidence of fee receipt and bank statement for kid exp.?
Will Court consider the bank statement showing that Rs 8 lac transferred from father-in law account to husband account. Will affect the title of house is in husband name.?
Can husband can make use of these false allegations as cruelty / dragging the case for a long time and will it add value to Divorce case filled by husband?
Please advise the husband to get rid of all these case.
