Joint property's impact on wife's maintenance

1. No effect in maintenance at all. She has no absolute share in yours and MIL’s joint property during life time of Husband i.e. you as of today's date. No law is there currently to force you to part your share in reference property nor it is required to transfer your share now once she has instituted any nature of legal case against you.

2. Infact Maintenance is doled out based on reasonable wants and needs of the wife read with her education and capacity to work is my view.

Thank you Tajbos. I was worried because somebody told me that she can tell the court about your property and this will go in her favor as court can treat you a weathly man. Thanks again.

in rainbow eyes of a metro wife even a rikshawwala husband is also a wealthy man (husband of hers) so you are no better than this Class when maintenance claims are written by skilled petition writers :-)

BTW will you not show EMI being paid for home loan as deductions in reply to maintenance application(s) to allow less maintenance to her kya ?

Dont worry....It wont be included.....You wont become wealthy until you liquidate the property and even if you do it wont matter because the wants and needs is based on the lifestyle.....

Regards

Chetan(dot)7679(at)gmail(dot)com

and what is the impact on deciding the maintenance if joint property is in wife and husband's name + working wife...earning almost equal to husband.

 

J 2 –in- 1 question!

The inference on joint property comes into ply when Alimony or MCD are talk of the town and not for summery maintenance decisions provided it is not shown to be given on rent then such rental income adds upto in Husband's income further provided it (rent) should not be substantial nature to disturb the "equal" ration of their income in reference to context!

Secondly if wife is earning equal to husband and is also a qualified lady then again no maintenance ir-respective if she is having joint property with husband or not.

and what about alimony in such above mentioned conditions?

 
I am overwhelmed by the economical aspect of your subsequent query before me. In such a situation, one should not lose sight of the important question of financial security for the future, especially in a single income household which all forms of persuasive S. 25 HMA pleadings by prudent professionals of the trade.

The government in order to provide relief to women had introduced a Bill called the Marriage Laws (Amendment) Bill, 2010, which has been cleared by the Union Cabinet earlier this year prospectively bringing into effect many safeguards for women facing divorce. This said Bill aims to provide the wife with adequate financial means to sustain her life even after the annulment of the marriage. However the Bill is waiting passing by the Upper House this Winter Session as there are 21 Bills in the queue as per Parliament Winter Sessions Business website and one among 21 pending Bills is this remarkable Bill which will change matrimonial landscape for years to come if ever passed and goes for Hon'ble President's ascent.

There has been umpteen discussion in LCI on this Bill right from inception to up-to-date which I would rather not repeat here for the sake of brevity.  You yourself need to study past discussions on joint property vis-à-vis impact of the Bill on alimony.

Having said above as shortly, as the Law in present form in query raised situation the amount of alimony that the wife is considered for is dependent on a number of factors and among them following are based on extracts from catena of SC and HC well reasoned decisions on whom I placed my bet:

- The duration of the marriage before the divorce is vital for alimony. If the duration has been more than 10 years, the court can award a lifelong alimony for the wife.

- The age of the wife at the time of divorce can be yet another important consideration in deciding the quantum of the alimony. The younger women will get alimony for a shorter duration.

- The difference between the earnings of the husband and the wife would also play a crucial role. The greater the difference higher will be the alimony awarded to the wife.

- The wife will get a higher alimony in case she is suffering from physical disability or prolonged disease, etc.

Joint Flat / Apartment also become part of arriving at a just decisions while considering alimony to divorced wife as of today's date. I am not sure when the above ref. Bill gets Hon'ble President's ascent how it will dramatically change the matrimonial landscape so until then above is what I have to reasonably say to your subsequent query having understood joint - flat / apartment built in question well. Beyond this you need to self discover and may enlighten me on the go as there is no substitute to hard core self help followed by discussions further followed by implementation on reference topic to once own case facts.

[Last reply]

Thanks @ tajobsindia.

I really appreciate your efforts to give such a detailed reply. I eagerly wait for atleast one reply from you whenever I post any topic from my side.

Thanks a lot.

It depends on each and every case, even if the property is transferred now the same can be even set aside....ifd she does not know fine,you fight out your case....