NK (SWE) 18 August 2013

Mutual divorce - share on husband's assets

Hello Respected Advocates....Greetings!!

Sad to say that I am also a victim of 498a & Domestic Violence etc sections/cases. I tried to save my marriage 3 times, but later came to know that my situation gone worst even after many compromises. Later, I came to know that she married me only for money and plans are in place to tie a knot with her another guy. Even, her relatives informally warned her about this, but surprisingly her parents are supporting her.

Later, my wife and myself decided to for a Mutual Consent and we both agreed for 6 laks as part of FULL & FINAL settlement, but yet to file the petition. Meanwhile, I am preparing to gather the agreed 6 lakhs (even this amount is a big burden to me...but wanted to settle matter peacefully without any cases/headaches etc) and planning to document MoU and file Mutual Divorce petition in a couple of days. The false case filed against me has been withdrawn by my wife.

Now, the problem is - My wife says that she needs share in my properties aswell. In our initial discussions, both parties agreed for FULL & FINAL settlement for 6 laks. But, to save my properties, I said to the girl and advocate that I do not possess any properties on my name.

My properties on my name

1. Small House (purchased thro' Home Loan. still i am paying the Home loan EMIs)

2. Land/Site (purchased with cash)

Request your kind help on the below concerns:

1. Can my wife claim for a share in my properties mentioned above, in case of Mutual divorce?. If so, what are the precautions I need to take to save my properties.

Kindly help and guide me.

Thanks in advance.

---

Ashish Kumar. S

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2 Replies

Tajobsindia (Senior Partner ) 19 August 2013

1. Can my wife claim for a share in my properties mentioned above, in case of Mutual divorce?. If so, what are the precautions I need to take to save my properties.
Take: No share whatsoever as per details presented here by you to wife / no such law currently there during divorce. Self acquired property of a husband is his own.

2. Advocate asked to deposit 50% of the settlement amount (ie 3 laks) to her (Advocate's) bank account (through NEFT/internet banking) and she said the same will be mentioned in the MoU of the Mutual consent petition. She also said that a receipt will be served to me for the above payment. Advocate said that the money will be with her only and will be be given to my wife until divorce decree. Is this process fine?
Take: Is advocate her rakhi brother or lost and found sister! Make a DD in wife's name and file it with first motion with Court and same should be mentione din court records "subject to its release when decree in MCD proceeding announced". Same can be mentioned in MoU / Agreement.

3. Even if we file the Mutual Petition now, can my wife file any petition for increase of settlement amount/money or share in my properties etc, during or after the trail (ie after the first motion and within 6 months or during final hearing or after 6 months or after the decree etc)
Take: Under change of circumstances later on she has a right to file for enhanced alimony. Refer to discussions on asked question we had in past here to understand it in details. However same is not filed in 6 months post MCD decree.

1 Like

unfortunate victim (owner) 25 August 2013

oh it is very sad.but what else man can do?but in your case please contact your nearest mens right association member.he will guide you