(Guest)

Please advice

Dear Experts.

Thanks in advance for your advise.

My wife filed Divorce U/s HMA 13 1 ia & for interim maintenance for her & our 4 months son U/s HMA 24..

she had left her matrimonial home on her own & under influence of her parents 6 months back.

Our marriage in 3 yrs old & our relation during these three yrs were cordial with some normal marital fights which is not unusual.

In her divorce pettion she has made all petty allegation. not even single grave allegation made like beating, etc.

I dont want to break this marriage for the sake of my 4 month old son & i still love my wife too..

she is asking me to seperate from my parents. Actually it was her parents wish since the first day of my marriage. But now they got a chance to use my son as tool to seperate me from my parents. for which i m not ready at all. coz during her stay here my parents relation with my wife was not bad to take such step

Few details FYI

After deduction of my home loan emi my net salary is aprox 11000pm

She left her job after birth of our son before she was eaning 20000pm. she is well qualified

my parents are financially independent

She is a co borrower of home loan but i m the sole owner of flat. she never paid a single money as emi or down payment

All mediation failed

My questions are

1) How much approximate maintenance wil court pass for her & our son (in her custody)

2) Shall i just contest her divorce or should i file RCR

3) I m ready to take care of all expences of my son but dont want to give maintenance to her as she left home without any reason & ill motive. Is there any way to reject her HMA 24 petition

4)Will court grant her divorce on the basis of such petty allegations

5) Can she claim the share in my flat as she is a co borrower of home loan.

Thank you

Reply Follow

10 Replies

(Guest)

Waiting for expert advise.. please

1 Like

(Guest)

Thanks Need Justice..

Regarding my Question 5. As suggested by you i m asking Will she get the share in the flat?

Thank you

(Guest)

Waiting for reply....please advise

Dr. Jyothi Vishwanath (Associate Professor of Law) 08 July 2013

Yes she can claim a share in the flat

(Guest)

@ Dr. Jyothi

under which section she can claim?

she is neither owner or co-owner, how can she claim?

Dr. Jyothi Vishwanath (Associate Professor of Law) 10 July 2013

anything acquired during marriage is matrimonial property and a woman is entitled to it.

(Guest)

@ Need Justice

Thank you very much for reply. I want to elaborate few things for better clarification. The above property is not a matrimonial home. we r in pune & this flat is in mahad. Rgarding right to residence, i hav filed RCR & genuenly ready to take her back in our matrimonial home at pune.

My question is

1. Still can she claim PWDVA 2005 - right to residence in the flat at mahad?

2. anything acquired during marriage is matrimonial property and a woman is entitled to it. is it applicable?

Dr. Jyothi Vishwanath (Associate Professor of Law) 10 July 2013

RCR is normally considered as a plea to avoid paying maintenance. One thing is sure. Maintenance must be paid to wife after divorce. Where the property is situated does not matter much. Court may award her right to residence in that flat. All depends upon how evidence shapes up in the court.

shriks........... (healyhcare) 10 July 2013

1. no she cannot claim rtr in mahad flat, IF NO DV HAPPENED THERE, you can pray to give her alternate accomodation or rent for the same.
2. she cannot demand flat if she does you are not bound to give no law as yet , but alimoney yes for her maintenace you have to.....

3. do not dance to her tunes prove court you willing to maintain her at your place of residence be it ancestral, self acquired or rental house and let her prove why not she rejoining, it not your burden of proof....

4. chillax........you can gve mahad flat on rent or sell off if situation turns grave.....

Adv k . mahesh (advocate) 10 July 2013

here you can contest on the point of

she is well qualified and show evidences if any of her previous employer salary slip and contest on that point to avoid maintenance but for you child you have to pay maintenance

but initially court will order interim maintenance for both of them and about share in flat means she has 50 : 50 share as it is your self earned property may be you are paying emi

you have to fight strong for rcr to avoid all this cases and no one can force her to stay with you even after you win rcr that