• Mutual consent

My husband has filed a case under cruelty section13(1)(IA). 

We had counseling at court and the counselor advised to quit the relationship as there is nothing left n he doesn't value me. She asked to put forth my demands to settle the case. 

I asked for ahreedhan, my loan amount of 2.5 lakhs, monthly cash given n residential right.

My husband agreed to pay shreedhan n 1.5 lakhs n 1 lakh as residential rights. 
We both are working and draw the same salary which is around 60000 pm.He owns a 2 BhK flat which was given to him by his grandmother n mother. Property is on his name and he had taken 15 lakhs loan. The flat was purchased in 2010 for 32 lakhs.17 lakh was paid as cash n 15 lakhs he had taken as home loan for 20 years which he is paying.

Please advise my property right as he is paying only1 lakhs towards it. The counselor said since I am drawing handsome salary I won't be liable for much under MCD if converted.

Please advise as per law how much can I claim for the property as I am working.
Asked 7 years ago in Family Law
Religion: Hindu

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6 Answers

1) you are highly qualified and earning Rs 60000 as salary

2) since both are drawingf equal salaries you would not get any maintenance

3) you are entitled to return of your streedhan , loan amount of Rs 2.5lakhs given to husband

4)as per law you have no claim on husband property

5)you can only claim right to stay in your matrimonial home during your married life

Ajay Sethi
Advocate, Mumbai
95197 Answers
7607 Consultations

5.0 on 5.0

1.The wife has no right of share in the proeprty of husband.

2.You have only right of residence and that too you lose if you earn money.

3.So under the repsent context you are getting good parting money. Bury the hatchet , get the divorce and move on in life.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
497 Consultations

5.0 on 5.0

1. Due to the fact that you are earning at par with your husband you may not get maintenance, but in MCD the spouses have the liberty to agree on any sum of money as full and final settlement between them.

2. Under the present law you have no share in the property of your husband. However, nothing prevents you from incorporating a clause in the MCD to repay your contribution to the loan repayment.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1)claim Rs 10 lakhs from husband for divorce by mutual consent

Ajay Sethi
Advocate, Mumbai
95197 Answers
7607 Consultations

5.0 on 5.0

Please advise my property right as he is paying only1 lakhs towards it. The counselor said since I am drawing handsome salary I won't be liable for much under MCD if converted.

Please advise as per law how much can I claim for the property as I am working.

You can be eligible for the maintenance amount if you are not employed but since you are employed and state to draw an equal salary, the court may not entertain your maintenance petition and there are various judgments by various high courts and even supreme court dismissing maintenance case filed by the wife who is employed and drawing a handsome salary.

You are not entitled to a share in his property as a right.

You can be contended with the amount what he has agreed to give you or else you may not get even that except for the return of your streedhan.

Hence, if you want to have a smooth, peaceful and quick divorce from him, you may accept the conditions he agreed and to the amount he has offered you now, which may not be a heavy loss to you.

T Kalaiselvan
Advocate, Vellore
85398 Answers
2235 Consultations

5.0 on 5.0

How much can I claim as full n final settlement as per above under Mutual consent divorce.

This is not an employment that you claim full and final settlement, it is a mutually agreed terms by which you are dissolving your marriage.

As per law if you are not able to maintain yourself or unemployed and fully depended on him then you may be entitled to a monthly maintenance amount to the extent of at least 1/3rd of his take home salary or income from known sources.

The one time settlement is a mutually agreed amount which do not find a place in law.

Decide wisely.

T Kalaiselvan
Advocate, Vellore
85398 Answers
2235 Consultations

5.0 on 5.0

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