Maintenance and right over property
Im got married to my wife in June 2010 and have been having serious compatibility issues with her from the time of marriage , every time we used to fight over silly issues she used to call her dad and her brother and beat me and my parents up (ive filed complaints against them documentary proof is available),my dad passed away in 2011 and my mom and my sister decided to split the inherited property , i got a commercial property registered in my name and my mother and sister got 2 properties , after this my wife starting forcing me to sell my property and buy her a flat , i resisted for which she starting badmouthing me , unbearable i took a loan of 15 lakhs and gave the money to her (but sensing her greed i gave the money via a cheque )after this she started demanding for a car which i bought , but her bad mouthing didn't stop , unbearable i shifted out of my house and moved to another area
Facts of the case
She has filed dowry harassment case 498 a , and tried putting behind bars on the 17th of December incidently my birthday , i met the police officer showed the evidence and after seeing it he felt bad and he advised me to apply for a anticipatory bail , i am awaiting for the anticipatory bail
3 days back she has filed the Protection of Women from Domestic Violence section 12
I earn 30,000 as rental income from my commercial property and earn 30,000 as income from my profession (i am a photographer )
What are the basis she can claim maintenance?
Can she claim over my inherited property?
Can i file for recovering the 15 lakhs that i have given her ?
Would be glad if you gentlemen can help
Asked 3 years ago in Family Law from Bangalore, Karnataka
Just to add to the above i have a 2 year old daughter and my wife is staying in my in-laws place
Asked 3 years ago
1. Anticipatory bail is of utmost importance in a criminal case. The police officer was generous enough to give you time to seek anticipatory bail. If the bail is denied by the lower court then move to the High Court. Contest her case on merits after bail is granted.
2. Are your parents also made a party to the domestic violence case? If yes, they can move to the High Court for quashing of the case against them. In domestic violence case you have to prove that you did not subject your wife to any domestic violence.
3. If your wife is unemployed then she may get maintenance, but you can defeat her claim by proving that no violence was meted out to her.
4. Under the existing law a wife has no right in the property, inherited or self acquired, of her husband. Her proprietary rights are confined to those properties which are owned either entirely by her or of which she and her husband have the joint ownership.
5. You cannot claim the amount of 15 lakhs as this was given by you to her out of your free volition.
Hi, there is no hard and fast rule for claiming maintenance but normly it will be on the basis of your income both from by professional and from your rental income and she can claim property over inherited property also but you have a good case as you can take defence you have paid maintenance on lumpsum on oral agreement and she will not entitled for any maintenance.
1)is your wife working? what are her qualifications
2) if she is not working she would get maintenance of around 1/3rd of your income
3) your wife can under Dv act obtain an injunction restraining you from selling your matrimonial home .
4) she has no rights over commercial property inherited by you .
5)amount of Rs 15 lakhs cannot be recovered by you unless you have documentary evidence that it was given as loan
6) contest DV / 498A case on merits . obtain AB .
7) as per recent Sc judgement you will easily get AB
1. You shall have to pay her maintenance, if she is not employed,
2. The maintenance amount will be in between 1/5th to 1/3rd of your net eariing,
3. Your wife has no right on your property during your lifetime,
4. You can file a Recovery Suit to recover Rs.15 lakhs to keep her under pressure,
5. Contest the case filed u/s498A of IPC and also the DV case on their merits.
1.You will not get custody of your daughter since mother is treated as the natural guardian of children upto 5 years of ager,
2. You can file an application praying for your child visitation right.
To recover the custody of your daughter you can file a case for child custody in the court. Normally the custody of a child is given to the mother, but this is not a hard and fast rule.
The maintenance can be provided to her and child as per your income. If she is also working then she will be entitled to get maintenance as per your living standard. Or only for the child.
She can not claim any rigut over the property. Neither your self acquired nor your ancestral.
Advocate, New Delhi