• Husband started the business in mistress's name

My husband filed for divorce in 2007 and its still pending. It has just come to my knowledge that he has started a business in the name of his mistress, with whom he has two girls now. He claims in court that he cannot pay permanent alimony because his business is not going well but I have proof that the business in the mistress's name is fully functional. Can I claim that it was a marital property (the initial business) and that he shouldn't have disposed of the assets like that upon filing a divorce suit? Also, both the businesses are happening in the same venue with the same manager. Do I have any other claims ? Is there a possibility of getting an injunction? I have a daughter of my own, she is a major. He does not even pay monthly maintenance properly. Is there any relief that I could get?
Asked 8 years ago in Civil Law

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6 Answers

1)you cannot claim business carried on in mistress name as marital property

2) court would not grant you any injunction

3) if husband fail to pay maintenance on time take out execution application for attachment of his property or his bank accounts

Ajay Sethi
Advocate, Mumbai
99784 Answers
8145 Consultations

you would not get any injunction from court restraining mistress from carrying on the business

2) if earlier business was run in your name you should have filed suit within period of 3 years to claim the profits earned in carrying on the business

3) your claim would now be barred by limitation

Ajay Sethi
Advocate, Mumbai
99784 Answers
8145 Consultations

if you have any sufficient evidence that can prove that he is the care taker and in a authoritative position of the business , you can claim ...on the other hand if the relation between the two can be proved , then the curt.

Hemant Chaudhary
Advocate, Gurgaon
4632 Answers
67 Consultations

Hello,

In order to claim maintenance you can show such proves before the court and can claim thereupon that all the reasons being said by the husband are false and he has the capacity to pay the maintenance of me as well as of my daughter. You can take such documents with you along with the affidavit and can claim the maintenance accordingly.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Can I claim that it was a marital property (the initial business) and that he shouldn't have disposed of the assets like that upon filing a divorce suit?

How can you claim that the business as a marital property?

As a matter of fact you cannot claim even a share in his property during his lifetime whether you remain married or divorced, thus there is no provision in law for such fancy imaginations.

Also, both the businesses are happening in the same venue with the same manager. Do I have any other claims ? Is there a possibility of getting an injunction? I have a daughter of my own, she is a major. He does not even pay monthly maintenance properly. Is there any relief that I could get?

The business is on the name of a third person, you have no rights whatsoever in it.

The only relief you and your daughter have i to claim maintenance that too if you are unemployed and have no source of income to sustain your expenses.

Why the divorce case is pending for almost 10 years, who filed it and what is the stage?

T Kalaiselvan
Advocate, Vellore
89986 Answers
2493 Consultations

The business in her name was initially run by me. I was the propreitrix. He somehow shut down the business in my name and restarted with a new name after 3 years. I did not sign any paperwork for the closure of the business. I have proof of even filing tax returns. As the business is run inside harbour, he cancelled my pass though his political influence. I never received any compensation for it either.

If the business which was running on your name was forcibly shut down by him without your knowledge or consent, you had remedies otherwise and could have restored it by initiating legal actions through the provisions of company law or any ther relevant law applicable to the prevailing circumstances.

Why did you not initiate any action then and what is your claim now when the things are out of your control or hand?

You may look for loopholes even now by consulting a local lawyer well versed with the law based on your circumstances.

T Kalaiselvan
Advocate, Vellore
89986 Answers
2493 Consultations

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