Property and maintenance right of wife after divorce
I want to know that as per new Marriage Amendment Law, if I have purchased a flat 3 years back with bank loan of 25 years, and I got married 2 years back. But if I want to get divorced now, will my wife have any claim on this (my) flat? If yes, what is the percentage of it she can claim? I have paid all the down payment and EMIs from the first month till date. My wife has no financial contribution in that flat. The price of the flat may have appreciated from the day I have purchased it, but then it's under Bank's loan, so I can not en-cash the appreciated amount without selling it.
Secondly, my monthly salary is around Rs.65000 and I pay total EMIs (for Home, Vehicle & Personal Loans) of Rs. 45000 per month. So, I left with Rs. 20000 only per month, so how much court can ask me as per law to pay for her maintenance? Few more details to add are. My wife's father has a big house of their own (without any loan) and me & my wife do not have any child yet. Please suggest.
Asked in Family Law from Kolkata, West Bengal
the question of alimony is decided mutually if you go for divorce mutually,
Advocate, New Delhi
A message has been sent by kaanoon.com with reference to your query,please note that wife has no property and residence right after divorce,new marriage Laws has not been yet passed,but wife has maintenance right after divorce even after settlement of alimony on mutual divorce she can claim maintenance if she has no independent income.
I completely agree with Minansu Bhadra
Advocate, New Delhi
1. Marriage amendment law has not yet been passed, albeit it may be passed on any day by Parliament. So your wife has no right on your flat unless and until she can prove that she contributed financially in the purchase of flat.
2. Is your wife employed? If she is employed and earning sufficiently then she has no right to claim alimony from you. If she does not have any financial source of her own then she may seek same from you. The amount will be decided by court.
1)Marriage Amendment act has only been passed by rajyaSabha and not by Lok sabha . as on date your wife has no rights on your flat .she has not made any financial contribution towards flat . all EMI is being paid by you .
2) what are your wife qualifcations ? is she working ? please clarify . if she is working she wont get any alimony . if your wife is not working she may get around RS 20,000 a month as maintenance