Dv interim maintainance

Sorry, I respectfully disagree with the above opinion. If you gift it, the Judge will see  it as a fraudulent gift to avoid your responsibilities and order its reversal. If you sell it, you will lose economically as you will be doing it in a rush. Again, the Judge will see through it and Order a portion of the selling price to be used to purchase accommodation for her.

This is my humble opinion.  Just don't do anything which you would not do normally. Also, once you gift it to someone, it is out of your control. Other family members may put a claim on it later.

@Samir N ..even I thought so that judge will think I am doing it to get away with Residence right .but my lawyer has advised me to do so .doing a gift deed is going to cost me around 1.3 lakh and there is also no guarantee that doing so will solve my problem .another thing is that ,will the judge impose any fine if I do a gift deed ?please advice if  there is any way out .

Advocates in this forum pounce on me whenever I criticize their profession or the advice they give. But, I have no other way but to do so to emphasize my advice: Most of the advocates, and I say MOST (which means not all) with emphasis, are IDIOTS. There are general opinions which they just parrot without going into the details. Not only is there a cost factor in making a gift deed, but you are really opening a Pandora's box when you gift a property to your parents. For example, legally speaking, all your siblings and their wive's husbands, in the absence of a will, can claim a right to it at some point in the future. 

Agree with samir.

Please let me know if there is any other option then doing a gift deed.For interim maintainance Lawyer has asked me to submit my salary slip .Wife earns about  20 k(she will defiantly deny it)   and i earn 70k.will she get any interim maintenance? Can i ask her to submit her ITreturns or do i need to prove her income?Judge has said that if we do not give our say on the next date he will pass an order .cant we prolong our say in any way .

Please advice me what should I do at this stage for residence right. Judge has said that he will give an order for IM on the next date if I don't submit my say .do I need to prove wife's income ? do I need to submit my salary slip for IM ?

Originally posted by : Sujit k
	Please advice me what should I do at this stage for residence right. Judge has said that he will give an order for IM on the next date if I don't submit my say .do I need to prove wife's income ? do I need to submit my salary slip for IM ?

I suppose your advocate is a duffer.

When magistrate is telling he will pass residential orders your advocate should have suggested you immeterial of shared household or not.

1.  To vacate such premises ASAP.  

2.  Take accomodation in a friends room or in a PG accomodation.

3.  Take a rented accomodation elsewhere.

Even if wife will barge in with residential orders, she cannot stay at the premises as you are not staying in the said sharedhoushold premises.

Transferring or gifting such property only a fool would do.

So what I suggest you is, you move out immediately to some other place as I have descrbed above.

Even if your wife will say that it is where she resided last and that it her right to live there, your parents should immediately file a civil injunction then and there stating that the DIL is a pain in the arse and is causing trouble in old age, done that, DIL ie your wife has to join you at your rented accomodation only.

and while putting your reply to the magistrate show the new rented accomodation address, to avoid further complications.

keep meeeting your parents at the said property, but do not stay overnight etc, better that you stay away from such shared household premises for next 6-7 months until you get such orders setaside by approaching to District Sessions Court.

@Helping hand..sir my parents don't stay in the same city and my lawyer   told this fact to the judge also .sir parents received the summons on a different address in other city and I received it on the address given in shared household ..is it okay if I tell that I shifted recently to a rented flat ?

Judges take negative view on the fact that you gifted the flat to avoid paying to your wife.  They cannot order a reversal as if it is a self property and you are free to do whatever you will with your hard earned property, however as the intention is not noble, the judge can order very high alimony/maintenance.  You can avoid that only if you don't have salary to match that.  Even if salary not matching the judge can order to sell your other assets.

In such a case, the only way you can protect your interest is when you show yourself a pauper, how best you can do is up to you.

Originally posted by : Sujit k
	@Helping hand..sir my parents don't stay in the same city and my lawyer   told this fact to the judge also .sir parents received the summons on a different address in other city and I received it on the address given in shared household ..is it okay if I tell that I shifted recently to a rented flat ?

Either your lawyer does not have any brain at all or he is surely compromised with the other party.  Better change the lawyer today itself.

You can as well tell that you shifted to rented accomodation today when you are filiing the reply to your wife's papers, it is okay and judge cant do anything.

Your wife will have to move to the place where you are staying and not the place where you dont stay.

1.but in my case she filed DV summons are awaiting from 1 yr and barged in a flat which was in my name and claims it to be her matrimonial house.

2. i smelled malafide intentions before hand and gifted flat to mother before petions filed a divorce from me and rcr+125+dv from her.

3. then in her cross of 125+rcr clubbed together, i asked her whether she ready to cohabit with husband at his present place of residence in a small village 50km from present flat , she refused and magistrated noted .
4. now recently mom sold flat at low price and he took a loan by setting , if he doesnt pay debts its the matter with bank and him, i am out of it is it right...????????

5. we got our money though less but ok.
6. it got noted in cross DESERTION BY WIFE ....i suppose.
7. i filed divorce , i myself took charge of legal arguments in court.....she gt 2k under 24 hma.........
8.        bottom line ...a.) in dv even if it goes on , the flat in question is sold off to 3rd party....are we safe now........????????
                                    b.) how will cases head forward....????????
                                     c.) interim in 125 denied......are we at stronger stand than them........
                                      lci helped me a lot in saving and earning in this process...i thank all experts and ask them to guide me further