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INDIAN CITIZEN (Research Scholar)     07 December 2012

Whether wife can claim paternal property after divorce?

Dear All

one my friend was got married in 2010 under special marriage act. However their marriage ceremony was conducted again for social acceptance as per Hindu traditions in January 2012.

His wife is working in Hospital and drawing salary  around 18000/ per month.

My friend is  a research scholar and recieving Fellowship from UGC for his Doctoral studies.

Now a days there marital conflicts are increased. Even petty matter takes a confluct. He tried for all mediation but failed. His wife doesn't want to stay with him. She emotionally harrassed him.

She is demanding divorce.

My friend is worried. first is emotional distress, secondly laws are favouring women. He is apprehending that he will face bad condition during and after divorce.

 

Now in the context of this case I have certain queries:

1.  Whether there is possibility of divorce one sided, becuase his wife wants divorce and he doesn't want divorce.

2.  In case there is divorce happened , whether my friend will have to give her alimony , however she is working

3. Whether his wife can claim her share in property  of her husband and property of  father of husband after divorce ( according to special marriage act)

 

kindly reply me

thanks and regards



Learning

 5 Replies

Ranee....... (NA)     07 December 2012

 

1.  Whether there is possibility of divorce one sided, becuase his wife wants divorce and he doesn't want divorce.


If she can prove allegations on husband then divorce can be granted.

2.  In case there is divorce happened , whether my friend will have to give her alimony , however she is working.

less probability.

3. Whether his wife can claim her share in property  of her husband and property of  father of husband after divorce ( according to special marriage act)

 No

INDIAN CITIZEN (Research Scholar)     07 December 2012

Dear Ranee ji

Thanks for your reply.  You mean that divorce can be granted only if there is proved allegation. Means divorce cannot br granted just on the whim of wife, when husband is not willing to divorce in any way.

Wife of my friend is working in Govt department , but on contractal post. But there are evidences of joining letter, salary slip, regular attendence etc.

You mean that there is not any such provision in Special Marriage act for claiming share in paternal property.

Am I right in understanding your points?

 

Regards

Rajeev

dowry victim (housewife)     09 December 2012

I would like to slightly differ with Ranee here....

 

 1.  Whether there is possibility of divorce one sided, becuase his wife wants divorce and he doesn't want divorce.

Ranee is right and your understanding is correct.

2.  In case there is divorce happened , whether my friend will have to give her alimony , however she is working.

Alimony is different from maintenance. It does not depend on who is earning how much. it only depends on who is how rich. If both have similar earnings as well as savings then no alimony. However, if one is richer than the other and has more assets on his/her name then alimony comes into picture.

3. Whether his wife can claim her share in property  of her husband and property of  father of husband after divorce ( according to special marriage act)

 No. However, all this will be considered while deciding the alimony amount

dowry victim (housewife)     09 December 2012

Btw, if your friend has never been wrong then she will never be able to prove her allegations and she will never get her divorce, maintenance or alimony. In such case, you need not woory about question 2 and question 3. You need to concentrate on the real case and not money. If you concentrate more on the money and do the mistake of lying about your assets or earning capabilities, then this itself gives an impression to the court that you

1. you are a liar. hence, you lose credibility subsequently in your main case.

2. that think of your wife as an outsider and not your equal. hence you were not willing to share things equally with your wife which is a more than obvious proof that you do not love her anymore.

3. After all this, if you are contesting the divorce suit, it is again more than obvious that you are playing with her life or that you are contesting the divorce only to be in the good books of law to save your skin in 498a or for some other materialistic reason but not really for your wife.

4. This whole thing now gives a picture that money is more important to you than your wife which means there is a possibility that you did harass her for dowry and you probably didnt give her the respect/dignity she deserved as a wife. And mind you, this is sufficient for divorce though not for 498a. Later on, dont crib and curse the indian juciary system.

 

I am not saying that you should agree to give away everything. Just dont lie in the court regarding your financial condition. In the meanwhile, you can do anything and everything to prove that her financial condition is just as good. Contest the main divorce case strongly and prove all her allegations wrong. Then, there will no divorce, no maintenance and no alimony. That is a better way of handling this issue instead of lying about your financial status.

 

But, if your friend is afraid that he may have done something that may let the court grant divorce to his wife then he better understand that more often than not he will have to pay both alimony and maintenance besides costing him a fortune for legal expenses and all the stress. So, better sit and talk to his wife and settle the matter through MCD.

 

just wondering...when your friend's wife has made it clear that she wants a divorce why is your friend agreeing for the same.  If she wants to move on, so should he. By forcing her to stay in a marriage she doesnt want to stay in, he is inviting trouble. This marriage is dead. Don't let it haunt and torture.

Msk-need -nuetral- laws (self)     12 December 2012

Hello Indian Citizen,

First you cannot force anyone to live together, even if your fried wife approaches court and does not proove any allegation, she will not join him. Only wastage of time and money in terms of lawyer fees. Best is to approach through MCD.

If she requests hefty alimony and maintenance which can not be agreed, then contest the case and proving your friend innocence will make alimony/maintenance very little.

There are better ways to avoid alimony, I will send you PM. If she is at fault why to give a penny?

Regards

Mani


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