• How much can wife claim on Home and maintenance

Hello sir.
 I am a muslim i was married on may 2005. She stayed for 5 to 6 months with my family and then she went to her maternal house and did not return. My parents said why she is not returning and if she had any problem you can stay separately with her. I stayed for few months at her maternal house as she wanted me to stay there and not separately. After few months i shifted to new rented house but her family also wanted to stay with me as their financial condition was bad and my wife insisted on it. we stayed for 10 years together with her family member of 9 person and only 1 bread earner. After 4 years her brother died and i had to bear all the expense till now. In 2015 i took a home on loan asking my father and brother money for down payment of 10 lakh. As soon we got the possession we shifted to that room along with her family. Now she started to fight that why my name is not in the new house, She and her sisters always fight with neighbors. If i say that it is her mistake she joints my name any female member of that family and says that you have affair with her so you are taking her side. She use to harress and mentally torture me a lot every day. This matter went to such an extent that she and her sisters hit me and gave me threat to kill me while i am asleep and poison me in food. so i made NC in police station and started living with my parents from past 8 months and not gave any expense. 
She did wrong police case against me & my parents of harassment and dowry case.
I said to remove her family members then only i will come and stay and give expense. But she said you will have to stay with all my family they will not leave the house. And she says that she will also not leave my house and my house is under her possession for the past 8 months. 
After 4 months she sent me a notice of Conjugal rights. I asked to let your family members leave my house, but she denied and said you have to stay with them only.
I have 2 daughters 9 and 3 years old.
She is not working and neither her sisters.
My salary is 65k and loan of 26 lakhs with emi of 27k
my question is
1) My house is in her & her family's possession, how can i get it back, she says she will not leave my house.
2) I contacted a local advocate she says you stop paying loan EMI and bank will will come and seal the house, and this is the only way to remove them from your house. But if i stop EMI my net income will increase and she will get a big share and i will also lose my house. please suggest? 
3) if i go for divorce, can she claim on my house property which is in my name and how can i save my property from her?
4) also my father has 2 flats in his and my brother's name so can she claim on this property?
5) If i go for divorce how much maintenance can she claim, and what is legal way to go for divorce so, I do not have to give more money to her. 

Request you for your precious opinions
Thank You.
Asked 7 years ago in Family Law
Religion: Muslim

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3 Answers

1) your wife has right to stay in her matrimonial home

2) she has no share in house staying in your name

3) if she is not working she can seek maintenance for herself and children

4) you cannot throw your wife from the house

5) court generally awards one third of income after taxes for maintenance

6) wife can get Rs 20000 per month as maintenance

7) wife has no share in property standing on father name


Ajay Sethi
Advocate, Mumbai
95168 Answers
7604 Consultations

5.0 on 5.0

1. If you are the owner of the proeprty then you can not evict your wife from the house though you can do so your relatives.

2. If you stop the EMI they would be evicted from house for sure but you would lose the flat for ever. So if you're prepared then you can go for this option.

3.Wife has only right of residence in the property of husband , she ahs no right of share.

4. Wife can not claim share in the proeprty of her father in law.

5. Maintenance of wife varies from 1/3 to 1/5th of your income.

Devajyoti Barman
Advocate, Kolkata
22917 Answers
497 Consultations

5.0 on 5.0

You can issue a legal notice instructing her close relatives to vacate the house which belongs to you alone.

Do not stop loan repayment, it would bring disaster to you.

In divorce she cannot claim a share in the property that stands in your name alone.

She cannot claim a share in your father's or brother's property too.

There is no yardstick to measure the quantum of maintenance that can be granted, it depends on how they prove the case for and against with documentary proofs and convincing arguments presented before court.

T Kalaiselvan
Advocate, Vellore
85369 Answers
2231 Consultations

5.0 on 5.0

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