LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Paul Samuel (Manager)     22 October 2012

Marriage dispute

Hello Members,

I would appreciate legal opinion.

We were married as per Goa marriage act in 1991 and have a child. We have been living separate (not legally) for past 8 years in different state/city and the chance of reconciling our marriage is almost zero. We had couple of properties in our joint name in Goa before separation.  My wife obtained irrevocable POA (a copy is in my possession) after separation and sold one of the properties couple of years back but did not provide any transaction information regarding the same. Now couple of months back though I was reluctant but she managed to obtain another irrevocable POA executed in Goa but did not provide me any copy. Here are my queries:

1.       Does our marriage still stand good after 8 years of separation? If not, will there be any difficulties in seeking divorce, because I presume my wife won’t allow smooth proceedings.

2.       Will she be claiming Maintenance/alimony as she is a working woman and I am currently jobless?

3.       Is it legal to sell properties in Goa on the basis of irrevocable POA and any possibilities of asset sharing?

Thanks in advance for your expert opinion.

Paul



Learning

 2 Replies

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     26 October 2012

she is not entitled to maintaince if working.

stanley (Freedom)     26 October 2012

Originally posted by : Paul Samuel
 



Hello Members,

I would appreciate legal opinion.

We were married as per Goa marriage act in 1991 and have a child. We have been living separate (not legally) for past 8 years in different state/city and the chance of reconciling our marriage is almost zero. We had couple of properties in our joint name in Goa before separation.  My wife obtained irrevocable POA (a copy is in my possession) after separation and sold one of the properties couple of years back but did not provide any transaction information regarding the same. Now couple of months back though I was reluctant but she managed to obtain another irrevocable POA executed in Goa but did not provide me any copy. Here are my queries:

First you should get the POA revoked else further properties if any in joint names may be sold contact a lawyer and get it done .

1.       Does our marriage still stand good after 8 years of separation? If not, will there be any difficulties in seeking divorce, because I presume my wife won’t allow smooth proceedings.

Its upto you to decide if it stands good or you can proceed for Divorce 

2.       Will she be claiming Maintenance/alimony as she is a working woman and I am currently jobless?

She cant claim maintanence as she is working but for the child you may have to pay maintanence . Alternatively you can always tell the court that from the property sold child maintanence can be adjusted as she has not given you your share of the joint property 

3.       Is it legal to sell properties in Goa on the basis of irrevocable POA and any possibilities of asset sharing?

already answered above 

Thanks in advance for your expert opinion.

Paul


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register