• How can I protect my home during divorce

Hi,
My marriage was done in April 2002, I have try to filed a divorce case in Mumbai family court because my wife staying at her father house with my son (09 Years) & She having sex relation to Other person. I read many SMS message in her Mobile Phone. When I was out of Station ,my wife call to Boy -friend  at mid night (11:30 PM to 12 : 00pm) but this  phone no. allotted by my name.   She is not interested to file Divorce on mutual consent, and my query is
 regarding the apartment which is owned by  me . However, all the down payment, & home EMI Rs. 15,000/- is paid by me. I have all the bank statements which signifies the same. In case of a divorce can my wife claim part of the property? If yes, then how can I save my house, as its my only property where my retired parents will stay.

My Salary is Appx 35,000/- & Wife Salary is appx. 10,000/- Please let us know  my wife  how much maintenance amount demand from me after divorce. I have Two Child , One child stay with me ( Age-14) another Child ( Age-08) Stay with Wife & Wife Staying at her Fathers house .
She File four false harassment N.C. against me in police Station,

Please help me.
Asked 2 years ago in Family Law from Thane, Maharashtra
Religion: Hindu
1) sell your flat before filing for divorce . 

2) or you can execute gift deed in favour of your parents . 

3) if you file for divorce wife will file DV case . she can seek right to stay in her matrimonial home and stay against sale of flat by you 

4) if wife is working she wont get maintenance but you will have to pay your children maintenance . 

5) it can be around 1/3rd of your income
Ajay Sethi
Advocate, Mumbai
23290 Answers
1219 Consultations
5.0 on 5.0
Since the flat is in your name, your wife has matrimonial right to live with you in the said property. To avoid the same, you could get your flat transferred on your parents name and since it would be the property of the inlaws, she cannot claim a right over it. 

If the wife is earning and is able to sustain herself then you may not be liable to give her maintenance however for the child, the court may direct you to pay substantial maintenance which could be approx. 1/3rd of your income.
Shaveta Chaudhary (Sanghi)
Advocate, Chandigarh
821 Answers
60 Consultations
5.0 on 5.0
1. The flat is on your name so you need not think about it. It will remain under your title and ownership. The division of property on divorce has not come into effect as yet.
2. Since your wife earns considerable amount , she is not entitled to maintenance for herself . However the child is entitled to which should be around 1/5 th of your total income.
Devajyoti Barman
Advocate, Kolkata
5223 Answers
54 Consultations
4.9 on 5.0
1. Under the existing law in India a wife has no share in the property owned by her husband. She can at the most claim maintenance/alimony from you, but she cannot seek a share in the properties, movable and immovable, owned by you. Her proprietary rights are confined to the properties owned by her or jointly by you and her. A bill proposing to give to the wife an equal share in the property of her husband is pending in the Parliament. It is not likely to be passed any time soon due to the stiff opposition it has received. 

2. If she does not agree to mutual divorce then you may file for contested divorce on the ground of adultery. 

3. Your wife can also enforce the right to reside in the matrimonial house. 

4. Since your wife is earning she may not get any financial support from the court, but you will have to support your children. It is the prerogative of the court to quantify the amount, albeit it may 1/3rd of your income. 

5. You may also seek the custody of your children by filing a petition for child custody in the court.
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
5.0 on 5.0
Hello,
1) You don't need to anything to protect your own home as the wife will not be able to make any claim in the property owned by her husband according to the prevalent laws in India.

2) If your wife files a DV case against you, she can ask for a residence order and maintenance for her children/ the child in her custody. You are liable to provide residence, either shared or separate.

3)As your wife is earning she is not eligible to get any maintenance for herself.

4) Whatever is the ground on which you are filing for divorce independently, you need to have sufficient proof to substantiate your charges.Therefore  show due diligence while getting your divorce petition drafted.
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0
Hi,
 1. you should file for divorce on grounds of adultery, which have to be proved, so have sufficient evidence to prove your case and same will help you to fight her criminal cases as well..
 2. you also can defend her maintenance claims on the basis of the adultery and another defense can be that she is earning enough to maintain her.
3. She can claim for the maintenance of the children if they are presently with her.
4. you can also ask for the  Custody of kids by filing a petition in the court and it also can be decided mutually if you have discussed about it with her.
maintenance is ordered in the basis of your income and the living standard which you can afford for your wife and family if they were with you.
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0
1. Hi, wife can not claim share in the property of yours.

2. Your wife is also earning and while considering quantum of maintenance your income and her financial status and further you have taken care of one of the child so all these facts are considered by the court while granting the maintenance order and one thing remember there is no hard and fast rule in granting maintenance to wife.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
1. If the title of the property is in your name then your wife can not claim any share on the said property,

2. She can not claim any maintenance also for her since she is employed,

3. However, you might have to pay maintenance for your two sons,

4. The maintenance may go upto 1/3rd of your monthly earning.
Krishna Kishore Ganguly
Advocate, Kolkata
12118 Answers
231 Consultations
5.0 on 5.0

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