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XYZ (None)     27 March 2012

Divorce & property

I am 30 year old female and have been married since 10 years.  However, me and my husband had stayed in different cities due to our career commitments. We have hardly stayed together for one year at a stretch during all these years. We have no kids. We are now planning to take divorce with mutual consent. I need to know few things.

1. The home is in my name and the housing loan was also taken in my name. There are no entries certifiying that any payment was made by my husband. Can he have any claim on it?

2. There are two cars in my name, one bought through loan paid from joint account. Second bought in cash. Can he have any claim on it?

3. Ornaments given to me during my marriage from both the parents, can he have any claim on it?

4. Right now i am not salaried, however, i do file income tax return, can i claim maintenance from him? If yes, what amount?

5. He has FDs, Mutual Funds, Post Savings of Rs. 15 lacs and a property of Rs. 15 lacs from which he operates his business. Can I have any claim on it?

6. There is gold - currently valuing at Rs. 6 lacs, in my custody ( no bill for the purchase of it), can he claim it?

Right now, he has started staying with his parents and the house is in my custody? Can he take any legal actions in case i dont allow him to stay there?

Though he also wants divorce, he is not taking any step from his side due to property issues. What step can i take in this case?



Learning

 9 Replies


(Guest)

Mrs XYZ

You mentioned that you are planning to take divorce on Mutual Consent then whats the issue, Divide everything equally over the table and set each other Free.

Remember Mutual Consent divorce is done in an amicable manner and all the terms are set on the paper which is filed in the court and it takes 6 months to take the decree of divorce.
 

XYZ (None)     27 March 2012

Previouly i had told him that whatever property in my name, i will not give or divide. And will not claim anything from you except maintenance. He doesnt agree on it and is not coming on table. I just want to let him know what all are my legal rights so that i can tell it to him and so he comes to discuss.


(Guest)

Law does not award maintenanace to a wife if she is financially independent?

If you talk about Mutual consent divorce then both of you need to come to an agreement on the mutual terms and then only Divorce will happen or else it will be Contested divorce which takes years and years..

kumar101 (clerk)     27 March 2012

@XYZ , Plz give that poor guy something. Don't be so harsh on him just because your a women and smart.

Why do you want maintenance when u have already educated, worked and have lot of money/property ?

Once u start talking legal language, u will waste ur life running around courts and miss the pregnancy age, so act carefully.

tanmoy (.....)     27 March 2012

Himi,

I dont see a good and neutrul comments from you. How do you say that procede with 498a ? Why should she file 498a ? just to harrash her In-laws. Some girls like this mentality are spoiling this socity. That is why law should be spouse and neutral not gender basic...

 

Then only, all women would be polite to their husbend... and we have good socity...and get good nation..

XYZ (None)     28 March 2012

Dear All,

I request you to guide me legally rather than giving comments of women empowerement.

XYZ (None)     28 March 2012

Can anybody please guide me as to my questions? Its very critical time for me.


(Guest)

XYZ

You seem to be a very complex person, At one hand you and your husband are not living together for the past 10 years except just 1 year at a stretch.

When both are financially independent and you are not even staying with your inlaws then You can not harass either your husband or your inlaws legally.

However in order to get a solution to your property issue, you can file a divorce case but I am telling you that contested divorce takes long time and you may end up spending another 10 years in court to get a divorce which again can be appealed in higher court.

My Legal opinion for you is to settle the terms mutually or else file for divorce, Your case is not strong since you are not dependant upon your husband nor inlaws.

 

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     29 March 2012

If yu are going for MCD, better settle all property disputes amongst yourselves and also one time alimony.

 

Why you want to make it complicated.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com


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