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(Guest)

Selling matrimonial home during pedancy of rcr

Hi experts. I have filed rcr against my wife & geniunly asking her to join matrimonial home. She claimed for divorcr. She is staying at her parents place in the same city. Now due to some reason I want to relocate to some other location (in the same city).

So can I sell my matrimonial home and purchase new flat at other location in the same city (I am the sole owner of matrimonial home & there is no claim from her side on matrimonial home).

If yes. Do I have to inform court that I have sold my home & now I m ready to take her in my new home.

Will that make any adverse effect on my rcr case

Pls advise

Thanks



Learning

 7 Replies

Hardeep (Business)     06 September 2014

AFAIK, presently the wife has no claim in husband's properties in the event of a divorce. In your case there is nothing so claimed to begin with. So there is no reason to inform the Court what you intend to do with your property.

The Hindu Marriage Amendment Bill 2010 if/ when passed by both Houses of Parliament and declared an Act will change this dramatically . However that has not yet happened.

Seniors may please comment / correct as required. Thanks


(Guest)
Thanks hardeep. Waiting for others suggestions

tonyjames (lead engineeer)     07 September 2014

@Hardeep  ,@Gagan rajau
It is an offtopic
The Hindu Marriage Amendment Bill 2010 is already passed in RS right? It can get passed in LS at any time as government has a strong majority. 
So better hurry up.

Hardeep (Business)     07 September 2014

The Bill should have been passed in that lok Sabha Session. As it was not, it has now lapsed and will have to be reintroduced and passed in both houses.

that is my understanding of the legislative procedure.


(Guest)
Experts pls reply my query

(Guest)

Question: Hi experts. I have filed rcr against my wife & geniunly asking her to join matrimonial home. She claimed for divorcr. She is staying at her parents place in the same city. Now due to some reason I want to relocate to some other location (in the same city). So can I sell my matrimonial home and purchase new flat at other location in the same city (I am the sole owner of matrimonial home & there is no claim from her side on matrimonial home). If yes. Do I have to inform court that I have sold my home & now I m ready to take her in my new home. Will that make any adverse effect on my rcr case Pls advise Thanks

 

Answer: YOU can sell your matrimonial home without any problem. Do not inform about sale of any such property, matrimonial home or self earned or anything else. Just provide the address of your new residence to court and ask wife to join you there. If you let know the court of sale of property etc, you will face lots of legal problems in the future.


(Guest)
Thanks Helping hand Will you pls elaborate what legal problems I will face if I inform the court?

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