Husband and wife living seperately, property/stuff acquired

Also if husband/wife acquires some property when living together and moves the property in to their mom's name, would that be considered for equal distribution of assets?

Every self earned property can be disposed at the will of the property owner, there is no bar in the law to dispose it. In India there is no equal share policy at the time of deciding alimony.

K.P.Satish Kumar M.L.

Advocate: 9962999008

There is no bar of asking share, also it is not law that she would get 50% share.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

i agree with my learned friends

if there is no bar in asking for share....wives would go crazy and do whatever they want.

does court consider anything before deciding the share? 

you have to read the divorce act because all assets after marriage are distributed equally... there are cases where ancestral properties are also pulled by women for claim and several cases though not right have been awarded share... many compromise and agree to some compensation to other spouse to cut short waste of time and money... law takes its own time and can travel with you to sc until death...

it is always advisable to avoid acquiring any property in own name or parents as your income tax returns trace your receipts, payments and purchases...

i would suggest to create loan component and liabilities in case you do not want to share with your spouse... if at all she claims, you can put forward liabilities to her...  this is the only way to fight our stupid maintenance, alimony, shared accommo... laws...

does law consider the expenses done during the years husband/wife were living together? 

when spouse asks for share in property/wealth, does court make them share the debt as well?

All things are considered before deciding the same.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

This topic is really important as we see in case of Aga Khan and others in foreign the divorced wife gets enough of share from husbands assessts but in India things are not clear and much is left to Judges. Can some one pl. clarify in detail who has mastered the subject.

Suppose wife stays for very shoret period and desert the husband on flimsy grounds and husband tried his best to bring her through firends and relatves and ultimately nfiles divorce then can wife ask fore share/alimoney.

Wife will leave matri home for long for some reason which normally are grave / serious :

1. Majorly wrong with man or his family

2. She her self having some affair or similar reasons

3. She is having some psycological or physiological reason and is unable to enjoy physical relations. She needs to be shown to a psychiatrist / gyneac/ s*xologist as per her ailment which makes her fear from s*x / relationship.

If 2 is true then u have to act accordingly. If 2 is suspected then u have to appoint detective and gather evidence. But normally if 2 nd reason is true then no one from her maternal home will support her and rather will force her to go back. It is not easy to live in maternal home for any girl .

So we come back to 1. Is man a man? Is she feeling unsecured and threatend for her security? Is she forced to  do something immoral?? Is she beaten by wife beater or bride beater in laws? Have in laws lied heavily and shown rosy pictures to her before marriage? Is husband having illcit relations?? Does he have relation with some one in own family or office like bhabahi / PA/ neighbour/ boss / collegue etc etc?? And there r many unknown / hidden reasons but which r grave for her but miniscule for husband. Untolerable to her but negligible to her husband. So differance widens.

The negotiaters and those who have gone to her are themselves weak. Spineless. Courageless. Sick and weak. If they were capable then they should first found the truth due to which  started the cold war , they would have gone deep in to issues affecting relations with judged the issues from good social norms or from the affected parties norms and not from their own convinient norms. Say if a officer is corrupt and u go to higher up to complaint then what will be fate of your complaint?? In front of my house where a chinese food stall comes up ever evening and works till 4 am and disturbs the whole locality. Once the citizens united and made a joint written complaint. With in one hour he came with group of goons with xerox of our complaint  and thretened the whole locality and declared that police and minicipal corporation both are in his pocket. So can u get right results from concious less , sold out , morally weak mediators??? No?? So u have not sent mediators but those who can imposeyour dictates and she should agree to that?? Not true??

Then if u r in Mumbai give come and see me and I can resolve the issue but then any one on wrong foot will have to either mend his / her way  or be punised. This is called independant impartial mediation.

There r a saying in Hindi khud ka padya ghana bhaya means when u urself release badly smelling gas / fart u never run away from there but when others do then u become intolerant and run away from that scene.Most often a war escalates is not because other person is that bad but because we fail to acknowldege our own follies and how deep can be scars on others for same. A group of wrong doers do not find any serious issues in that, a family of drunkards does not find wrong in that, a group of liers say lies like they are saying prayers, those boys who use bad words habitually do not find anything wrong in that but the other person may take it as a very untolerable serious offence and shock and disgust and feel cheated if these things are new to him/her. 

If one understands  views and  resentments of other person not with own yardstick  but with acceptable society norms or by other persons expectations and mends his / her way then most conflicts can be avoided. Are u ready to fall in line??? Then contact me for resolution.

The length of the marriage has nothing to do with it in INDIA.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com