One time alimony, share in property
I got married in 2007.
My wife works with software company, she is earning approx Rs. 6 lac p.a. I quit my job in 2011 (my last drawn salary was Rs. 11 lac p.a.) for starting own business. Till date i have been unsuccessful in my business and my income from 2011 to 2014 is zero.
We have decided to get divorced. We have one house in joint name. Purchase value Rs. 30 lac, loan o/s approx 20 lac , current market value of house Rs. 48 lac.
My wife has taken all the valuable items belonging to her, she has also taken all gold ornaments gifted by me and my relatives with her.
I have taken the acknowledgement from her when she took all the stuff from my house.
1) Can i claim back my ornaments from her?
2) Am i liable to pay alimony - if the payment is on monthly basis then till what tenure i need to pay and what would be the amount? What is the method of calculation?
3) If i am liable to pay alimony and if i decide to go for one time settlement then what would be the amount payable?
4) I wish to keep the house - procedure to remove my wifes name e.g. release deed, POA etc.. My wife is asking for her share in house. Is she eligible to get her share in house since loan is not paid off.
5) Sequence of documentation - divorce petition, then release deed and other document or other way.
6) If we go into dispute then how long it will take to arrive at final conclusion and will it be in my favor?
Asked in Family Law from Pune, Maharashtra
1)you cannot claim the ornaments . it is her streedhan .
2)since your wife is earning Rs 6 lakhs per annum and your income for last 3 years is zero doubtful whether she would get any alimony
3)if you want to go in for one time settlement decide the amount after discussions .
4)your wife is joint owner of flat . she has 50 %share in said flat .
5)enter into consent terms . file for divorce by mutual consent . she can relinquish her share in flat by means of gift deed / relinquishment deed .
6) contested divorce petition may take 5 to 10 years
1) Streedhan can not be claimed.
2)Must keep in mind that you will not be able to get divorce without paying alimony,irrespective of the fact whether you are earning or not.If both of you have decided to mutually get divorce then in your respective interest both of you have clear status idea ,that what other person has to offer you.
3)There is no limit to settlement,it has to be decided mutually by both of you.
4)If you have to keep house with you in that case you will have give 50%of value to your wife and get RD signed from her.Even the properties which are owned by loan can also be sold and if you have the money buy it or if you do not have then sell it and give 50% of it to your wife.
5)Decide for mutual divorce,fix the terms,get the part of settlement paid on first motion and balance in the second motion.
6) No time frame can be fixed for contested divorce.
Advocate, New Delhi
1. You cannot claim the ornaments from her as it constitutes her streedhan over which she alone has the right.
2. Your wife is not entitled to alimony as her annual salary is 6 lakh INR. However, in the even of a mutual divorce taking place you will have to give her alimony.
3. If you decide to go for a one time settlement then the amount will have to be decided by you alone.
4. Your wife has an indefeasible 50% share in the flat as it is registered jointly in the names of both of you.
5. Get a deed of settlement signed by her if she is willing to give up her share in the flat she purchased jointly with you. Thereafter, file the divorce papers in the court.
6. In case of a contested divorce it may take 2 years for the outcome to be reached.
Since your wife has taken all her jewellery etc and she is earning an handsome amount monthly, better you opt for mutual divorce on the terms that that she release her share in the house in favour before second motion i.e. before divorce is granted so that you may save stamp duty and pay her a mutually settled amount as permanent alimony so that matter can be sorted out within 6 months.
nothing left to add, well advised by experts
Advocate, New Delhi