• Advice !!

Dear Sir/ Mam,

I was married in the year 1998 under special marriage act and got separated in 2003 via signing a deed of divorce which was made by ex wife. I have son from the wedlock. while signing I deed of divorce I transfer my apartment in Mumbai in her name, which she sold to some other party later and used the money for her well being after repaying the loan. 

Now after over 13 years she comes out of no where and ask for maintenance. She has send me legal notice through her layer. 
This I feel sheer way of extracting money from me . She is a working woman and has been working all this while in India and abroad. 

Please advice for which I will be highly obliged.
Asked 7 years ago in Family Law
Religion: Hindu

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3 Answers

1) reply to legal notice

2) mention that she is not entitled to maintenance as she is highly qualified and working

3) that you had at time of divorce transferred flat in her name which she sold at profit

4) contact a local lawyer

Ajay Sethi
Advocate, Mumbai
95198 Answers
7607 Consultations

5.0 on 5.0

1. It is not clear how did you divorce her as only the court can pass decree of divorce and no deed of divorce can dissolve the marriage.

2.However whether divorce is validly done or not the wife even after divorce if remains unemployed/unmarried can claim maintenance.

3. So if you could show her employment details you can surely avoid maintence.

4. If divorce is not properly done as it appears go for it now.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
497 Consultations

5.0 on 5.0

Separation can only be through a decree of dissolution of marriage passed by the competent court, not through a deed of divorce. If you obtained no such decree of divorce the marriage continues to be in subsistence, as a corollary thereto she can sue you for maintenance, but you can fittingly contest her case on the ground that she left the matrimonial home without any sufficient cause.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

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