Self occupied property of husband

Dear Author,

Your question as well as statement do make sense for any man who had gathered the properties through his hard earned income. But so,far there is no such law who say's sale your property and pay to wife and you go on road. The matter of IrBM is in controversial state within society and Iam damn sure that SC will interupt if it is passed. Don't get tensed for yourself but yes you could be tensed for whole society as it is inhuman bill and anti hindus ammendment bill.

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The self accquired property is exclusive property of the owner.He can sale it,he can gift it,he can make a will,he can throw in the garbage,he can gift to anath asharam,he can gift to munciplaty ,whatever he wants he can do,there is no question of refrain from his wife.

People say's that if he will sale the property then she will say it has done intensionaly.

I ask those people----go and ask the same question to your wife as does she has not file fake cases intentionaly?

So,Litigation has no ending until these mud slinging family war which goes on, not stops........

But here you are legally correct,you are not doing crime,you are dispossing your self accquired property by any means.

Let her fight for such claims----------she will understand the true meaning of False claim if other party will not leave his hard earned property till SC.

I say sale your property and fight the cases but don't give to such b.i.t.c.h.e.s

regards.

it will not be shocking if court says so. Indian laws are favourable to woman. You have a house to live in. Where your wife lives. How she survives. WHat income she has to maintain herself???

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@ Author 

Court cannot direct you to sell your property as you are the owner of the property and it is not the court who owns the property . Only when there is a court order passed say for maintenance and the same is not being followed than the court comes into the picture where in to implement the court order they can attach your property .

What is Alimoney..... it can be in the form of monthly maintenance or one time . Everything depends on how you argue and how you want to pay the same .If you dont have the means to pay one time than you can convience the judge for monthly payments .Secondly  you have not stated the below factors  .

1. You have not stated under which act she has asked for maintenance .And is it for her self as wells as the kids if any .

2. You have not stated the status of your wife wether she is employed or not or does she have any disability .

3. If employed than is she  earning a Housing rent allowance . since a no of factors would be taken into consideration while awarding the same .

No need to get hyper sensitive about your property nor worry about indian laws as the above person states that it favours women . 

Dear Stanley,

Please find replies below to your queries.

1. She is asking for maintenance especially asking rent and maintenance for a kid. Her interim application for maintenance has been rejected as she is able bodied and working. I am paying interim maintenance towards kid. She has filed for divorce under HMA so maintenance would come under section 25 of HMA.

2. She is an MBA and earning very good as she herself declared in her petition.

3. She is also receiving HRA which is a part of her salary.

The problem is I dont have any property but I am planning to buy one for my residence. Also, I have to go in for a home loan to buy a property for myself and this in turn will give lesser in hand salary as EMI of home loan will be deducted from it. 

So, I was thinking that if the in hand salary is lesser than the judge may consider it and may order for lesser maintenance and by doing so I will also earn a property for myself.

Please guide whether I am in a right direction.

As you said she is well educated and working, produce evidence regarding her work and salary. Court will not award her maintenance if she earns.

You can proceed with your plan of acquiring property.

@ sensitive 

When her interim itself is rejected she want be granted any maintenance for herself  .But  natural for the kid you would have to pay interim maintenance and as she too is a working women maintenance is co-extensive and she too has to contribute towards the kid . 

In case she is applying for maintenance through another act say Domestic violence or CRPC 125 than get a certified copy of the order wherein interim maintenance is rejected and submit the same in the other cases when ever she files for the same . you can call for her documents like her payslip. PF etc using CRPC 91 or if you know the place of her employment than you can summon her employer and he would do the needful of submitting her payslip .

A roof under your head is your right and you can go for it and as of date she has no right to sell it or stake a claim in it but all she can get is a right to reside in it only till the time the DV case case goes on but once the divorce decree is awarded that right too goes away  .