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Vikas (Engineer)     20 May 2012

New divorce law

Hello All Ld. Members,

I got married in Feb 2011, my wife stayed with me till 19th sept 2011.. even in this short time she had left my home twice and went to her parental home. I took her back and thought that she will take matriminial responesibilities and will accept the new life.. But couldn't happen at all,  she again left my home in Sept 2011 then I filed RCR and finally as usual I landed up with 498a,, 506, 3/4 , DV and so on....

Now I have below questions;

1)  What should I do to get rid of her?

2)  I have taken a flat (is on my name) that is on loan and it will go on for next 15 years, can she ask share in it as per new law ?

3) What about maintinance (she is well qualified Msc, B.ed and was working before marrige and after marrige also but left the job in a week) ?

 

Thanks in advance



Learning

 31 Replies

Sanjeev (Lawyer)     20 May 2012

the new divorce law that you are talking about is not yet a law its not yet approved by parliament and so the provisions of 50% share in your property do not become applicable now but once it becomes a law she can claim 50%.

 

Maintenance is difficult to avoid.

Alok Tholiya (self employed)     20 May 2012

Good reply.

MADURAI LAWYER (LEGAL CONSULTANT)     20 May 2012

Dear Sir,

 

Kindly feel free to call me up on 9842197857 to get proper legal advice in your case.

 

https://www.jeevaganadvocate.com/contact.php

Anjuru Chandra Sekhar (Advocate )     20 May 2012

Appoint a good lawyer and see to it that you are discharged for lack of evidence before charges are framed in criminal cases, in Trial courts.  Simultaneously file for Quash of FIR and other criminal proceedings in HC under Sec.482 Cr.PC.

SAINATH DEVALLA (LEGAL CONSULTANT)     20 May 2012

New Act will take time to come into force.It has just been approved by the Cabinet to be placed in both the houses of the Parliament.Then it will be sent to the president for approval.But one thing is.the provisions in the act will attract only to the cases filed  after the Act comes into force and not for pending cases.

sri (ceo)     20 May 2012

go for divorce... you can put your liabilities against her claim of your property...

if she is working she will not get maintenance...

new law will not take effect until elections of 2014...

Vikas (Engineer)     20 May 2012

Thank you All for you valuable replies,

Ashok (Partner)     20 May 2012

Sri why do you say that the new law will take force only after 2014 elections?

Ashok (Partner)     20 May 2012

Sainath, The bill is likely to be sent to a select commitee tomorrow as the OBS lobby and parties are obviiously not too keen to have the bahu stake a claim on the farmland

BTW what happens if the residential asset is under a HUF / joint ownership with the rest of the family?

Ashok (Partner)     20 May 2012

Sir, why elections of 2014 i think the law will be applicable as soon as the bill passes both houses of parliament

Info Seeker (supervisor)     20 May 2012

looks like Govt and Women Cell figured out that they cant empower women by way of real hard work in the specialization when women did in studies.

It also seems that they(Govt  and Women Cell) understood that women doesnt have capability to stand on its own so they made this amendment of 50% Share in husband property. so that women can become rich after divorce. If not rich than atleast women will have control on husbands life and his choices.

I am  sure soon  the count of marriages happening in future will decrease once these laws are well understood to youths out there who think marriage is good.

As far as Property share is concerned, The person who is proposing this amendment must understand that the Residence which the husband has owned has taken hell lot of pain in owning it due to high residential price in market as well as the interest rate of bank in taking loan.

If Husband dont want to give property to wife than its very clear that husband dont love his wife so the remedy should be how to bring love or let it get seperated than applying salt on husbands wound by sharing 50% of Property to wife.

request to law maker is to think twice before amending it and not just amend it because womens are crying.

Please dont forget that we are also human and not ATM machine for wife.

If you are coming out  with amendment for Wifes than please come out with amendment for husbands.

Lets be fair to HUMAN

 

 

 

 

 

bhima balla (none)     20 May 2012

 

Originally posted by :Divorce Seeker
"
looks like Govt and Women Cell figured out that they cant empower women by way of real hard work in the specialization when women did in studies.

It also seems that they(Govt  and Women Cell) understood that women doesnt have capability to stand on its own so they made this amendment of 50% Share in husband property. so that women can become rich after divorce. If not rich than atleast women will have control on husbands life and his choices.

I am  sure soon  the count of marriages happening in future will decrease once these laws are well understood to youths out there who think marriage is good.

As far as Property share is concerned, The person who is proposing this amendment must understand that the Residence which the husband has owned has taken hell lot of pain in owning it due to high residential price in market as well as the interest rate of bank in taking loan.

If Husband dont want to give property to wife than its very clear that husband dont love his wife so the remedy should be how to bring love or let it get seperated than applying salt on husbands wound by sharing 50% of Property to wife.

request to law maker is to think twice before amending it and not just amend it because womens are crying.

Please dont forget that we are also human and not ATM machine for wife.

If you are coming out  with amendment for Wifes than please come out with amendment for husbands.

Lets be fair to HUMAN 

 
"

 Only way my friend is through organization and political action.That is what counts. AIDWA (which is a woman's wing of CPI (marxist) party) is trying to win over women's votes and so are other parties. Only when men can vote together and support party that takes care of their problems one cannot succeed in democracy. Make it count in the elctions. Make it an issue. See which party supports your cause.Then only you can make laws to your benefit!

rajiv_lodha (zz)     20 May 2012

Yes, try to make some UNITED FRONT to put before these vote seekers. Give them strong signal that we & our families make a HUGE VOTE BANK n we will decide collectively............under one umbrella, then ask for getting favor!

sri (ceo)     21 May 2012

the success of this bill depends upon which party can win one up gamble and this will be used in next elections...

a bill cannot be an act until it is passed by LS and RS... and it will never be passed unless all men vote in favour of women...

do you vote for your wife giving away your half property... sme i LS and RS...

relax... be saibaba...


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