• Self acquired in the event of divorce

Hi,

I bought a flat after my marriage ,the flat is registered in my name only , i have a 2 yrs old kid as well,As i know wife do not have any claim in husband self acquired property ,my concern is that will court consider my 2 yrs old kid and direct me to give the apartment as part of alimony to my wife ?since kid will be residing with my wife only .

or can court direct me to give residence  to my wife and kid ,till the certain age acquired by my kid ?
Asked 2 years ago in Family Law from Bangalore, Karnataka
Religion: Hindu

No, this is your self acquired property and you are free to put it to any use as per your wish.

The court cannot make any direct order as regards to this property or put fetters on your right to enjoy the same. During your lifetime, you can do anything with this property, including selling it off.

It's just that since this property is one of your assets, the court will take it into consideration while awarding the monetary benefits to your wife and son.

Vibhanshu Srivastava
Advocate, New Delhi
8957 Answers
154 Consultations

5.0 on 5.0

You have not mentioned employment status of your wife.

If she's earning well, she cannot claim maintenance. Alimony will come into question when divorce is seeked.

Yes, there could be a claim for maintenance for kid. However, under any circumstances nobody can claim share in your self-acquired property

Chidanand Kulkarni
Advocate, Bangalore
21 Answers
1 Consultation

5.0 on 5.0

- A Hindu wife has right to claim maintenance/Alimony from the husband, in case of divorce. She has NO right to claim property of the husband either self-acquired or inherited.

- Further Wife can seek not only right to monthly maintenance against the husband but even enforce her right to residence against him under the Protection of women from domestic violence Act,2005.

Hence, as per law of the land , your wife has right for monthly maintenance, permanent alimony and maintenance and right to residence against her living husband, but she has no right to claim any share in your properties during your lifetime.

- No, court will not order the property in question to your wife as alimony after considering custody of kids.

But they have residence right from you as per law including maintenance.

Therefore in the event of divorce , the condition will be monetary and not share in your property.

Further , it depend upon the ground of divorce as well .How you are going to give her divorce i.e. by way of mutual divorce or after filing a divorce case in the family court .

Mohammed Shahzad
Advocate, Delhi
2600 Answers
35 Consultations

5.0 on 5.0

Yes, the wife can make a claim on the self-acquired property of the husband but the Court will take into consideration a lot many things. You need to contest the case well and prove that she is capable of maintaining herself. The court cannot direct you to leave your apartment to your wife and kid alone. You need to give it some time and can file a case seeking the custody and guardianship of the child as well.

Ayantika Mondal
Advocate, Bangalore
6 Answers
6 Consultations

4.0 on 5.0

No court can't grant like that husband property.

The Hindu Succession Act, 1956 provides for one share of the self acquired property of the husband to the wife as his widow that is after his death not during his lifetime and this too with a condition that the Hindu husband dies intestate that is without leaving a Will.

Ganesh Kadam
Advocate, Pune
9719 Answers
80 Consultations

4.9 on 5.0

The court can ask you to pay for residence of wife and kid it will not direct you to let them.reside in your flat for certain age. The maintenance amount and amount for rent can be asked to be payed.

Shubham Jhajharia
Advocate, Ahmedabad
24354 Answers
96 Consultations

5.0 on 5.0

1) your son has no share in your self acquired property during your lifetime

2) your wife is entitled to maintenance for herself and kid

3) your wife can pending divorce seek right to stay in her matrimonial home

Ajay Sethi
Advocate, Mumbai
74617 Answers
4462 Consultations

5.0 on 5.0

Dear Sir,

Nothing to worry Court never insist you to give your newly constructed flat either to your wife or daughter. You may peacefully reside in the said flat provided you make some liquidated alimony to be paid to your wife and monthly maintenance to your daughter if possible create an endowment in the name of girl so that she can receive monthly maintenance regularly. More discussions in person.

Kishan Dutt Kalaskar
Advocate, Bengaluru
5291 Answers
172 Consultations

5.0 on 5.0

Respected sir ...

Wife is entitled to the property owned by husband after marriage and she has right to get the same after divorce but court only consider these things when they will ( your wife and child )will file the mainatnce claim or right in your property ...Sir it's upto the court what court give in its judgement because court have to soul right to decide ...If you want to keep them away from your house then you can ask court to give some amount of money in lew of entrance in flat...

Thank you

Dinesh Sharawat
Advocate, Delhi
1202 Answers
8 Consultations

4.9 on 5.0

Hi,

The court will consider the social and economic factors in this case and allow maintenance to the wife and child during the pendency of the case.

As soon as the divorce is decided the maintenance for the child will be given for his upbringing.

You may claim the custody of the child when he is 5 years of age and in the mean time you need to pray the court to allow you to transfer the maintenance amount of child to a separate account to be used for child only.

Vimlesh Prasad Mishra
Advocate, Lucknow
6380 Answers
20 Consultations

4.9 on 5.0

Hello,

Yes for the welfare of the child the court on the request of the mother may pass such order, also the son theough mother claim the residential rights on your property.

Regards

Anilesh Tewari
Advocate, New Delhi
17615 Answers
288 Consultations

5.0 on 5.0

If it is shared household after marriage, your wife will have permanent claim over the property and can be charged for future maintenance even if divorced. Your child is equally entitled to the share of the property.

Rajaganapathy Ganesan
Advocate, Chennai
1709 Answers
8 Consultations

4.9 on 5.0

Hi,

It all depends on the kind of divorce granted by court. If the divorce is granted on mutual consent, the terms and condition would be decided by you and your wife. In other situation, it depends on your contentions.

Ganesh Singh
Advocate, NEW DELHI
4463 Answers
9 Consultations

4.5 on 5.0

Court cannot pass any such order which do not have any provision in law.

Since there is no provision in law to claim any share by your wife even on behalf of the child as a right, you need not be worried about it.

She can claim residential rights so long as she remains your legally wedded wife.

The child custody will depend on how you both successfully fight each other in court.

T Kalaiselvan
Advocate, Vellore
64570 Answers
836 Consultations

5.0 on 5.0

In any case your wife is entitle for maintenance and alimony unless if she is not working.

In case of divorce she can claim for maintenance and alimony, if you fails to pay she can bring attachment on the flat owned by you.

Rajashekar
Advocate, Bangalore
570 Answers
4 Consultations

4.8 on 5.0

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