Documents as proof

1) In case a wife is living separately from her husband for the past 10 years, and wishes to file a divorce case now, in which she is claiming her share in 2 properties jointly bought when relationships were good, does she need to file the property papers as proof ? (she does not have any copies) does she need to get copies of the same from the registration department?

She can get copies from the registration department.  Otherwise also, without having those documents, she can file suitable case (not in divorce caseas as you put it) for her share in the property (And family courts Act has got such provision and under this Act you can file a case, which gives you a lot of relief in respect of court fee) and if the property documents are with the husband or in the custody of anyone else, they can be summoned in the courts.  Alternativelly, at the appropriate time,you can summon the original documents from the registration department into the court. 

2) wife received a small amount from her father to begin her life after she quit her husband. She struggled and came up in life and looked after her 2 daughters for 10 years. She invested in property which is fetching her rent as means of her livleihood. Does that deny her in any way her right to her share in properties mentioned in point 1?

No.

3) In case the divorce does take place, and one property on rent needs to be sold, can the husband ask that the property be divided in 4 parts since he loves his children, and there by knowingly reduce the amount that can go to the wife? Daughters are studying abroad.
At the time of sale of property can he ask that cheques be made in daughters name and then he encashes them since they are not in station?

Let me assume that you both have got equal shares in that property.  If that is so, then on half of the property, you have got absollute right and he cannot impose any condition that how you should use your share.  In remaining half, he can do whatever he likes.  On the other hand, if you do not have any joint title into such property, then it is the court's discretion that how such property or sale proceeds should be distributed amongst the divorcing couple.  There are no hard and fast rules.  Court will certainly take into consideration of two daughters future while directing the husband to share his property as permanent alimony, if it is completely owned by him.  If his absolute owner of such property and if it is self acquired, the court does not have power that he should give something out of it to his daughters.

4) Husband has bouts of terrible anger. He hit his mentally and physically handicapped sister and she fell down the stairs and broke her bone. that was in 2003. Mention of such incident is enough while filing a divorce, or proof of such incident too are required?

Mention such incident.  Try to find eye witness.  Even if you fail to bring proof, the court will get its impression after going through the several acts you allege against him to prove his cruel behaviour.

5) Husband is earning very well. Can wife get maintainace amount even while she has income from her rented property?

Yes.

6) husband does not wish to give divorce due to the finances that will go out of his hands. After receiving a copy of divorce papers filed by the wife, can he quit country and thus make this divorce nullified. he has been asked to work from abroad by his organization and has lived abroad for many years in the past. He is capable of quitting India and not returning for a long duration. What can the wife do in that case?

Do not worry.  Only one thing you must be quite cautious is to keep his residential and official address as well as email i.d. in the country or abroad.  If he leaves India to avoid divorce proceedings, but if you succeed to serve the court notice either at his residential address or official address, you will have fair chances of getting divorce decree.

Respected Adv. Chandrasekhar,

Thank you for your clear and prompt replies to all the points.

Some more clarification required: the DV case should be filed in civil court or family court?

In case the wife wishes to file the case herself ( though you did mention that there can be financial relief in family court) it is to be sure that what she has as knowledge of the various important incidents, she can speak up for herself rightly without getting messed up.

This wish comes from the fact that sometimes lawyers may not be aware of certain important points.

Thank you,

Orchid 

The DV case has to be filed before the CJM Court, which sends the case to the area Metropolitan Magistrate Court.  In some states, the Family Courts are adjudicating the DV matters Section 7(2)(a).  I think you could not get my point in respect of family court jurisdiction.  If there is any property dispute between the spouses, this can be tried by family court in stead of civil court (Section 7(1)(c).  Here is S. 7 of the family court Act:

7. Jurisdiction.—(1) Subject to the other provisions of this Act, a Family Court shall—

Explanation.—The suits and proceedings referred to in this sub-section are suits and proceedings of the following nature, namely:—

(2) Subject to the other provisions of this Act, a Family Court shall also have and exercise—

Yes indeed, the point of  the Family court jurisdiction had not been  understood. Now with these detailed points hopefully it is clear.

Before the wife decides to take the  plunge , she would like to read a few cases filed for property and maintanance.  Presumably there would be several such filed documents. How to go about and hunt then on this site.

Thank you once again.

orchid