Urgent advice needed for husband:divorce,maintainance,498 th

1. Can she claim right on my Flat ? This flat was purchased by me , before marriage , fully by my contribution. If yes, what can i do to safegaurd it. It is presently under loan

>> Yes if she wishes....

2. What can i do if they want to file case by 498 ?

As we have learnt that she has recorded hers and mine phone conversation, where she intentionally infuriated me and recorded my voice on high tone, to create evedence against me.

In my family i have myself as working member, 1 old ageing father and a younger sister for whom we are planning marriage.

>> if you are sure that she will file 498a than get an anticipatory bail. Take it easy about your recorded voice in high tone. you have a defense that she provoked you.

3. Should i file for divorce , if yes on what grounds, though she has always threatend me by suicide etc. and mentally tortured me such extent wherein my nearly committed suicide. 

>> You should not.... until and unless you have strong evidence of cruelty.

>> Threatening for suicide standing on bridge or on the terrace of multi story building etc is considered as cruelty in court.

Note:

Don't worry much about their threats.

As far as getting divorce is concern, it may take time.

Maintain peace at your home.

Choose what you want... Will you be ready to stay with her or not.... Make your mind.....

Hi Sameer,

Thanks a ton for your reply. It gives a breather to someone who has seen policeman coming to their doorsteps as if he has commited a big crime.

Living with her is now out of question.

As per your reply :

2. Getting an anticipatory bail -

    Can i approach for and get an anticipatory bail, before a case has been file don me ?

3. Divorce onf cruelity grounds - Yes, i have a few evedences .

   So do i file for divorce, before she destroys my professional career by 498A , if yes, how do i safegaurd myself by her Claims on my Flat adn maintainence ?

Please suggest adn thank you again for your response Sameer.

Regards,

Dharmesh.

Ans 2: Yes

Ans 3: Even if you file divorce, you can’t restrain her from filing 498a if she is determined to file the same. 

Dear Sameer/Ashish,

Thank you for your guidance and advise at htis hour of need. They have returned back with their belongings including all gold. Now i do not know what would be their next step. The last thing they did was appearing out of no where at the local police station and summoning us. (No case has been filed at police station against me, my old dad and others)

I do not have any clue whether the entire band is in city or have left, and what would be their next action.

So, if u can pl.suggest what to do regarding :

1. My Flat which was purchased before my marriage & what can be done to safeguard it against her mean intentions - whether to gift it to my Dad or ?

2. One Intention of theirs, which  i am sure about my in-laws and my wife is that she does not want to come back and wants Divorce, but they are not saying it openly,with their concealed motive of extracting cash from us.

So, i am hoping for suggestion as they would probably do and what i should do to counter them, especially knowing 101% that she does not ant to come back, so how can i take this as an advantage in my case ?

Thank you once again for providing your expert insights into my plight and helping me out.

Regards,

Dharmesh.

She has no right over your self-aquired property, acquired by you before marriage. She cannot claim over it either in full or in part.

Dear sameer/Ashish/Chandrasekhar,

Thank you for providing your inputs.

Well, i got a bit confused, when it comes to my wife's claim on my property(flat) which is bought by me, in maharastra , before our marriage.

ie: Marriage took place in 2011, property (Flat) bought by me , before 2011 (ie: before marriage)

I have started running around after few property trannsfer agents, (flat is in my name, loan is in name of me and my old dad), but legality whether she has right to claim or not remains the question.

We have some contradictory views : ie : 1. Yes , she can claim 2. She cannot claim.

Can you experts confirm between 1. Yes or 2. No, she cannot.

Your advice will help me a lot , to decide and proceed in the right direction.

Thanks again,

Regards, Dharmesh.

At most she can just claim right to live in the flat which is purchased by you under act DV.

Nobody can ask for share as long as owner is alive.