• Property allotment after contested divorce

My husband is having an affair with a married woman.He retired recently.He intends to leave his wife and only son for the woman.all the real estate is in the name of his wife.can he decide to deny his wife and son the right to his property and give it to the other woman or not.Also,the son and the wife are not working.So, if the question of divorce arises,how much are they entitled to get as maintenance considering the fact that the man has an accumulated wealth of about 2 crores and his pension would be around Rs. 40000 and his GPF would be around Rs. 4000000.Can he give divorce to his wife in case she disagrees to the divorce.
Asked 8 years ago in Family Law
Religion: Hindu

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7 Answers

1)wife can contest the divorce proceedings

2) contested divorce cases take 5 years to be disposed of

3) since property is in name of wife her consent is necessary for sale of property

4) husband cannot transfer said property in name of his girl friend

5) wife should seek alimony of Rs 50 lakhs from husband and maintenance for minor son .

Ajay Sethi
Advocate, Mumbai
99822 Answers
8147 Consultations

1. If it is his property then he can bequeath/gift it to anybody he desires. The right of a title holder to alienate his property at his sweet will is unquestionable. However, the wife can file a case under Section 12 of DV Act to seek injunction to restrain him from alienating the property and thereby defeating wife's right to residence. A married woman has the right to reside in her husband's property during the subsistence of marriage, which can be protected by taking out proceedings under DV Act.

2. The wife is also free to seek maintenance for herself by filing a case under 125 CrPC.

3. The maximum that man can do is to file for divorce, which can be contested by wife.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

1. No the proeprty standing in the name of the wife will continue to belong to her only in which the husband can not claim any share unless he is also its joint owner.

2.The maintenance of wife is around 25% of the income of husband which does not include the fixed assets of husband.

3.The son if attained 18 years is not entitled to any maintenance.

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

if property is in your name it cannot be transferred in name of his girl friend . even if husband has paid money but as it is in wife name her consent is necessary for transfer of property

2) if property is in husband name and it is your matrimonial home file DV case and seek injunction restraining husband from creating third party rights on the property

3) alimony is at court discretion depends upon husband , wife income , standard of lifestyle , number of dependents

Ajay Sethi
Advocate, Mumbai
99822 Answers
8147 Consultations

The husband can not transfer the proeprty . So there is no question of blocking him from doing something which he can not do anyway.

You may induct in the proeprty to keep your possession secured in the proeprty.

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

My husband is having an affair with a married woman.He retired recently.He intends to leave his wife and only son for the woman.all the real estate is in the name of his wife.can he decide to deny his wife and son the right to his property and give it to the other woman or not.

Since the property is in his wife's name, he cannot claim ownership of the property in any maner,

She will be the absolute owner of the property

She can send him out of the property for which she has full rights.

Also this becomes the married women property now hence he cannot claim even a handful of mud from this property.

Also,the son and the wife are not working.So, if the question of divorce arises,how much are they entitled to get as maintenance considering the fact that the man has an accumulated wealth of about 2 crores and his pension would be around Rs. 40000 and his GPF would be around Rs. 4000000.

She can claim maintenance from him at least 1/3rd of his income from all the sources.

Her sn if minor by age is also entitled for maintenance from his father, but if the son is major by age then he cannot legally claim maintenance.

Can he give divorce to his wife in case she disagrees to the divorce.

If wife is not willing to give divorce, he canot force her except he has to contest the case in the court which may stretch for years.

T Kalaiselvan
Advocate, Vellore
90022 Answers
2497 Consultations

..how to prevent the husband from transfering the real estate in the name of his girlfriend if all the property is in the name of the wife but it was bought with the husband's money.

She has to file a permanent injunction suit against him if he is trying to sell or alienate the property to his girl friend.

In fact he cannot execute a registered deed without her signature and she being present before the registrar in person.

THE couple have a son above 18 yrs.what is the alimony to be given to the wife and son in case of divorce.

Since the son is major by age he is not entitled for maintenance, but she can claim up to 1/3 rd of his income from all the sources.

T Kalaiselvan
Advocate, Vellore
90022 Answers
2497 Consultations

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