Joint-property after divorce

If your divorce has been granted on grounds of desertion by wife, then the property will continue to vest in you. You can file a petition asking her to be struck off as a joint owner of the properties. "Desertion" has been defined as desertion of the petitioner by the other party to the marriage without reasonable cause and without the consent or against the wish of such party, and includes the wilful neglect of the petitioner by the other party to the marriage, and its grammatical variations and cognate expressions which shall be construed accordingly. However, your soon to be ex-wife will still have the right to demand alimony and permanent maintenance from you. In Minarani Majumdar v Dasarath Majumdar, the court noted that either the wife or the husband can apply to the Court at the time of passing of any decree or at any time subsequent thereto for payment of maintenance. It further explained that maintenance can be granted under the Act to either party to the marriage at the time or after passing of a decree for restitution of conjugal rights or for judicial separation or for nullity of marriage or divorce. While you can get the property in your name, you must be prepared for a suit from your wife for maintenance and getting money from you. You had better contact a good lawyer who can prepare you for such an eventuality and ensure that you are not left defenceless.

Regards,

Advocate Ashok Kumar; www.lawkonect.com