• How much can wife claim on home and maintenance

hello sir.
             i am sachin . i have married on may 2015. i stay with my mother my father is died 2 year before. after 2 month of my marrage my  wife dont  want my mother to stay with me. also she miss behaving in home. now  4 month before she went to her father home & done wrong police case against me & my mother of harassment..  i have communicated his family but they they are not speaking properly with us.  my question is
1) if she go in court for maintenance how much se can claim.? my salary is 48k
& she is doing job and having salary 20k
2) if she go for dirvoce , how much she can claim on my house property.?
i have flat ,that own by me on my name only. & cuurenlty i have house loan of 16 lack & i am paying 16k EMI .  so how can save my property form her?
3) also we have home in Mumbai on my mother name  . so can she claim on this property?
4) right now she is not living with us , & she married with me only for money ,so what is legal way to go for divorce so, I do not have to give more money to her. 
please help me to answer
Asked 1 year ago in Family Law from Pune, Maharashtra
Religion: Hindu
1) since your wife is working and earning Rs 20,000 as  salary she wont get any maintenance . 

2)your wife has no share in your property . she can only claim right to stay in matrimonial home 

3)your wife can have no share in your property standing in your mother name 

4)since you married in My 2014 you will have to wait for expiry of period of 1 year from date of your marriage to file for divorce
Ajay Sethi
Advocate, Mumbai
23079 Answers
1212 Consultations
5.0 on 5.0
If your wife is able to sustain herself, she wont be awarded any maintenance from your salary. with regard to the property which is on your mother name, she cannot claim anything from it since she has no share in the property of her inlaws. it is advisable that you transfer the flat in your mother name, thereafter she will not be able to make a claim over that property.

If she agrees for a mutual consent divorce, then go for that as it would be the fastest mode to get divorce however if she disagrees then file divorce on the ground of harrasment, cruelty and dessertion. you may add non-consummation of marriage as well. The divorce petition will be filed in your area district court which deals with family related matters.
Shaveta Chaudhary (Sanghi)
Advocate, Chandigarh
821 Answers
60 Consultations
5.0 on 5.0
1) Working wife will not get maintenance, without separation she can not claim.

2)During the life time of husband wife has no property right, but she has residence right till divorce.

3)No, she can not claim on mother-in-law's property.

4)Without separation of one year you can not file divorce suit, so you can file now a suit for Judicial Separation.
Minansu Bhadra
Advocate, Kolkata
266 Answers
23 Consultations
4.8 on 5.0
1. Your wife will not get maintenance as she is earning on her own.

2. Under the present law which is proposed to be changed, the wife has no share in the property of her husband or in-laws.

3. Your wife can only reside in her matrimonial house as long as the marriage subsists legally.

4. You can file for divorce after a year from the date of marriage.
Ashish Davessar
Advocate, Jaipur
18049 Answers
444 Consultations
5.0 on 5.0
Hello,
1) As your wife is earning 20000/- she won't be able to claim any maintenance.

2) She has no right in your property and so you don't need to be worried about parting with it. She can at the most seek right to stay in your house or seek alternate accommodation.
3) She has absolutely no right on the property of your mother under any circumstances.
4) You were presumably married in May 2014 and hence you need to wait till one year or more from your marriage to file for divorce.
5) In the meantime if she is filing any other case  contest it on merit.
S J Mathew
Advocate, Mumbai
1949 Answers
65 Consultations
5.0 on 5.0
1. Since she is employed and capable of maintaining herself, she is not likely to get any maintenance from you,

2. She is not entitled to any share on your or parents property during your life time as your wife and also never if she is divorced,

3. No. As stated earlier, she can claim no share on your personal or parental/family property,

4. You can file a divorce suit against her on the ground of cruelty. Filing false 498A complaint is also treated as an act of mental cruelty.
Krishna Kishore Ganguly
Advocate, Kolkata
12027 Answers
226 Consultations
5.0 on 5.0
Hi, for determining the quantum of maintenance  there is no hard and fast rule court will taking consider your income and your social status and also the earning capacity of your wife.

2. Some High Courts state that wife is capable of maintaining her self she is not entitled for maintenance.

3. Wife is entitled for only maintenance and she has no right to claim share in the property of the husband.

4. You can file a petition for divorce on the ground of cruelty but the allegation made in the petition you have to prove before the court.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
HI,
The maintenance  is the monthly subsistence allowance given to wife , if she  cannot maintain herself during separation and after the divorce.
Since your wife is earning, her claims of maintenance will not be maintainable .

our wife can file a domestic violence petition seeking a shared accommodation and  right to stay in the matrimonial home, or else for a separate accommodation on rent or the rent amount.

 Your wife will have no right in your property in divorce unless you both mutually agreed for it and you voluntarily give her to end the marriage.

You  can file an RCR (restitution of your conjugal rights), if you wish to bring her back , but  it is not that your wife follow the court order in RCR. if she does not resume her marriage for one year  after the order , you can file for divorce on this ground.

To initiate a divorce proceedings under cruelty ground or any other ground you will have to complete one year of  marriage .
Your wife can file a 498A and other charges of criminal complaint against you and your family, if such an instant happens move to court for anticipatory bail.

your wife cannot have any claim o your mother's property.

 once the divorce is ordered a wife can file for permanent alimony that which she can asked on the basis of her husband's income , this is asked and ordered on the monthly basis and if parties prefer it they can settle it as one time payment of alimony. This also means that after the divorce a wife has to be maintained as per the living  standard of her husband. If a wife is earning and capable of maintaining  her standard of living  like when she was with her husband , her claims of  maintenance/ alimony generally defended by the other party
Thresiamma G. Mathew
Advocate, Mumbai
1315 Answers
85 Consultations
5.0 on 5.0
Dear Querist
As per your information that she is earning 20k per month so she is not entitled to get any maintenance from you, being a able body she is not entitled for maintenance.

she can not claim any share in property owned by you and your mother's property.

she can claim only right to residence in matrimonial home.

file a divorce case if there is no chance for settlement.
Nadeem Qureshi
Advocate, New Delhi
3513 Answers
129 Consultations
4.9 on 5.0

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