Wife separated from last 1 year, claiming property

NO Need to pay any interimm maintenance to your wife as she has left your society without reasonable cause and also she is earning a decent salary through engaging in some gainful employment.But you can't escape paying maintenance to yourchildren  for expenditure incurred on their upbringing by your wfe such as education and other miscellaneous expenditure if you don't want tyo file for their custody.Youu convince her for Mutual consent divorce which is the fastest mode of divorce can be granted anytime between 6 to 18months either due  to irrecocilable differences beteen the couple or irretrievablebreak  down of  marriage according to many decisions of supreme court.During MCD court tries for reconciliation or cooling period for the couple faling which it grants divorce within 6 months.You can't escape paying monthly maintenance to your children for their upkeep  such as education and other miscellaneous expenditure till they become adults or  well settled in life if you don't want their custody.If she doesn't agree for MCD  you file for contested divorce obnn the grounds of desertion and cruelty against your wife.You' ve  got to settlle some property inyour name to your kids.You need to pay  a decent alimony to your wife.

1. Your personal, self acquired property during your lifetime no one has right or share in the same. Make a Will in favour of your father bequeathing in the same to him in even of your death. No need to transfer the property in his name during your lifetime. 2. Seek custody as you are natural guardian and regular visitation for your children. You will be definitely allowed visitation of children. 3. Yes file for dissolution of marriage on the ground of cruelty. Good case in your hand. Even otherwise divorce by mutual consent gets through mediation and conciliatory process in family court. 4. For will no maintenance but for children you will have to pay, sharing financial responsibility along with your wife for your children.

It is believed that you are all Hindu. Confirm!

Wife has NO forced share in self acquired estate/property of husband.

Wife is not a Co-parcener in ancestral /property of husband.

In case succession of property of Hindu Male: 1st right is of ClassI legal heirs ie. Mother (if alive as on date of death), Wife (if alive as on date of death), sons and daughters (predeceased and alive as on date of death)……….

Central Government Act

The Hindu Succession Act, 1956;8,9,10

https://indiankanoon.org/doc/685111/

 

The Hindu male can dispose his self earned/acquired estate/property in his life time by a valid/registered deed say WILL, Gift/sale etc ….

In case of disputes outright sale is better.

 

You have posted I last para of your 1st post that: ‘actually i also dont want to ruin my marriage and most importantly my childrens life’

 

It is appreciable and appreciated.

Each of the spouses (husband or wife) in married life should want to save the marriage and married life and also life of children from marriage.

 

Involve more of elders of the family ( don’t keep parents and other elders on the back or out), neutral well wishers, shrude or resourceful and influential negotiators that can remain amiable and gentle and still can make the matter progress to desired direction and conclude…………even marriage councilors, councilors, mediators, mediation cell, and even a senior-seasoned counselor in Woman Police station ( at some locations Commissioner of Police might have framed some committee and social persons might be part of it) etc etc …………….

 

Till date NO legal cases are filed; so introspect and check if there are some differences at your end also that can be creased………and both spouse can cherish the blissful married life and company of children…parents, relatives…….

This shall be the best recourse.

Both spouses admit their deficiencies and vow again to Co-habit peacefully and fulfill their social obligations.

 

 

“Looking forward for your true and valuable suggestion so that i should be prepared of facing any further problems.”

 At the same time build irrefutable evidence of every effort that one spouse has put in to save the marriage and every cruelty that other spouse has inflicted.

 

In court of law and even police station, irrefutable evidence saves in inquiry/evidence/cross and from punishment, penalty……….

 

Spouse should not jump to complain and litigate and dump oneself in police stations and court of law without irrefutable evidences………..and waste hard earned monies and precious youthful years………

Originally posted by : AMIT ANAND
	Dear Sir/Madam, I got married on February 2009.  During all those years she kept on fighting and being the only daughter used to listen to her parents only and they had lot of interferance in our home. I lost my mother on January 2016, and during her illness she or her parents never attended even once to the hospital. After my mothers death she ill treated my father also. My wife had left home on September 18,2016 along with my 2 kids(Daughter 7 years, Son 5 years). After that me along with my father and other relatives tried our best to bring her back but deniel from her and parents. They have ill treated us along with their relatives and given us threat. Now they are asking to have share in the house on my name. Require Guidance as follows as want to now prepare legally as they can file cases: 1. If I transfer my home on my father's name before filing of case,  can she claim right on my house? Presently having 16 lacs loan on property, i can repay that out of my savings and can take fresh personal loan of the balance, so that I can get release papers from bank so that I can transfer on my father's name. Presently she is staying with her parents in an rented house as they dont have thir own home. 2. Can I get the custody of my children? She from last one year not allowing me to meet them, even she has blocked my number, whats app, facebook. 3. Can I get divorce on the base of cruelty? I am having one video recording in which her parents and relatives are abusing us with foul language and demanding money and clearly saying they wont send my wife back. 4. How much maintainance I have to give her(My Gross earnings are Rs.94,000 p.m. and wife's earnings are Rs.45,000 per month). Kindly guide as I want to prepare my self if they file any case against us.....till date no legal cases and actually i also dont want to ruin my marriage and most importantly my childrens life. But my problem or my failure is that my wife listen to her parents and relatives and not me. Looking forward for your true and valuable suggestion so that i should be prepared of facing any further problems.

 

1. You can.

Outright sale is better option more so in such matters.

 

Your father can likewise dispose by a valid deed say ; WILL (preferably registered……………the fee is reasonable and almost negligible…and registered WILL is not easily set aside on counts of authenticity even if witnesses are not present)  It is mandatory to probate the WILL at areas of Bombay/Madras/Kolkota and probate has its own timeline/cost/fee and lawyer’s fee etc , registered settlement deed with life rights, gift deed, registered family settlement deed etc etc…………

 

Rest is your own choice. Chose as deemed fit to you at your end.

 

2. You may/can succeed. The courts look into welfare of children.

Get some irrefutable evidence to establish that you are suitable spouse for it.

3. Either of the spouses can.

So even you can.

The video may be of significance.

4. In case of established cruelty: It may be ZERO……NIL.

In case of earning spouse: It may be ZERO……NIL.

However it is discretion and pleasure of court of law and court decides on merits and evidence.

Visit Family courts/HC and check about LOCAL senior counsels of unshakable REPUTE AND  INTEGRITY specializing in family matters and having successful track record and chose one and consult.

The fee to consult is nominal and may be even NIL.

A lawyer worth his salt does not and shall not misguide and fleece.

Take help of elders of the family, competent and experienced well wishers, colleagues etc etc.

 

If required you would know which lawyer to approach for 1st or  2nd………………opinion and change  the lawyer if the need be swiftly and without any delay.

 

Check and find PIP that have gained experience in court matters, tactics and scheming of unscrupulous lawyers, police personnel and have succeeded and are willing to help and share.

Read and learn and understand the finer nuances and become properly informed.

 

Don’t act in haste and don’t jump to conclusions……………….and don’t and never jump and dump yourself in litigation………………that can be protracted, stressful and expensive.

I am sending you a few links that you may go thru and pick relevant points and discuss with your elders and counsels and decide what is best in your interest..

Your wife has no right or claim over your property during your lifetime. hence there is need for hasty action respect to the property.

You may seek custody of your children. However, the Court may not agree; but you would get visitation rights.

 

The facts posted suggests that you have got sufficient ground to prove marital cruelty on her part to seek divorce.

There is no need to pay any maitainance to your wife as she is employed. However, you need to provide maintainance to the children.

Take your time to decide rationally.

Avoid acting in haste