DEAR SIRS,
I WISH TO KNOW THE PRESENT STATUS OF THE AMNDMENT BILL TO HINDU MARRIAGE ACT 2010 WHEREIN WIFE WOULD GET THE SHARE IN THE HUSBAND'S PROPERTY.
1. IS THIS BILL PASSED AND IS IT NOW IMPLEMENTABLE?
2. HAS IT BEEN IMPLEMENTED ANYWHERE INDIA?
3. DOES IT APPLY TO ALL STATES UNIFORMLY?
THERE IS ANOTHER QUESTION REGARDING MY CASE.
I FILED DIVORCE PETITION IN OCTOBER 2009 ON GROUNDS OF CRUELTY. MY WIFE IS ALSO NOT INTERESTED IN CONTINUING MARRIAGE BUT SHE WANTS MY HOUSE TO BE TRANSFERRED IN HER NAME. I HAVE TAKEN A HOME LOAN ON THE HOUSE. I USED TO LIVE IN ANOTHER HOUSE WHICH I HAD BOUGHT WITH MY OWN MONEY IN 2003 BEFORE MARRIAGE. I SOLD THIS HOUSE AND USED THE SAME MONEY AND HOME LOAN TO BUY NEW HOUSE AND SHIFTED TO THAT HOUSE IN 2007 WITH MY WIFE. MY MARRIAGE TOOK PLACE IN 2005. THUS MY WIFE STAYED IN TWO MATRIMONIAL HOUSES, BOTH BOUGHT SOLELY BY ME AND OWNED SOLELY BY ME. SHE HAS NOT CONTRIBUTED A SINGLE RUPEE IN BUYING THESE HOUSES. (FIRST HOUSE WAS BOUGHT BEFORE MARRIAGE AS MENTIONED). HOME LOAN FOR SECOND HOUSE IS IN MY NAME AND COAPPLICANT IS MY BROTHER. MY WIFE IS NOWHERE IN THE PICTURE IN HOME LOAN OR IN CONTRIBUTING TO BUY MY HOUSE. IN THIS SCENARIO I WISH TO ASK YOU ALL,
1. IS MY WIFE ENTITLED TO GET A SHARE IN MY HOUSE?
2. WILL SHE LEGALLY CONTINUE TO STAY IN MY HOUSE AFTER THE DIVORCE?
3. IS THERE ANY LEGAL PROCEDURE TO REMOVE HER FROM MY HOUSE IF SHE INSISTS ON STAYING IN MY HOUSE AFTER DIVORCE?
4. IS THERE ANY LEGAL PROCEDURE OR JUDGEMENT BY HIGH COURT OR SUPREME COURT ALLOWING REMOVAL OF WIFE FROM MATRIMONIAL HOUSE WHEREIN HER CONTRIBUTION IS NIL OR IT IS BOUGHT BY SELLING THE PROPERTY OWNED AND BOUGHT BY THE HUSBAND BEFORE MARRIAGE AS IN MY CASE?
PLEASE NOTE- MY DIVORCE CASE WILL BE IN THE STAGE OF ARGUEMENT SOON. MY WIFE AND I ARE STAYING UNDER SAME ROOF IN MY 1 BHK HOUSE. MY LIFE HAS BEEN HELL AND MISERABLE. I CANT MOVE FREELY IN MY OWN HOUSE. I AM REDUCED TO A REFUGEE IN MY OWN HOUSE. PLEASE GUIDE ME AS TO HOW I CAN REMOVE HER FROM MY HOUSE.
PLEASE HELP. IT IS AN EARNEST APPEAL TO ALL OF YOU.
AC FROM MUMBAI
