• Marriage petition for divorce

I am filling marriage petition for divorce.
In Pune district court. My wife was mental disorder problem.
Can I purchase House/flat my name/mother name
Asked 4 years ago in Family Law
Religion: Hindu

2 answers received in 10 minutes.

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13 Answers

Yes you can purchase house on name of yourself or mother in India wife has right of maintenance only not on property .

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Don’t purchase any property in your name during pendency of divorce case

2) wife will file DV case seek right to stay in said house

3) seek injunction restraining sale of property by you

Ajay Sethi
Advocate, Mumbai
87911 Answers
6207 Consultations

5.0 on 5.0

You can buy, wife has no claim in husband property except right to residence till divorce not granted.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

1) Yes, you can purchase flat on your name.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

Yes, you are free to go ahead with this purchase.

In any view of the matter, wife is not having any automatic right on your self acquired properties.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

1)Mental disorder can become a ground for filing a divorce if the spouse suffers from incurable mental disorder and insanity and therefore it cannot be expected from the couple to stay together. You need to prove that the mental disorder is standing in the way of a happy married life and affecting your health and career.

2)Ofcouse you can purchase either on your name or your mothers name.

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

Yes you can purchase the same, she will not have any right on the house.


Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Yes. You can definitely go on to buy a flat in your or your mother's name as your wife would have no right in your self acquired property and also cannot claim any share in the same.

Siddharth Jain
Advocate, New Delhi
5928 Answers
101 Consultations

5.0 on 5.0


Your wife is suffering from a mental disorder and therefore you want to file a divorce case. In that case you can purchase a flat in your mother's name. Even if your wife was well then too you can do so.


Rahul Mishra
Advocate, Lucknow
13757 Answers
65 Consultations

5.0 on 5.0

Firslty, as you have mentioned that you have filed divorce petition due to the mental disorder of your wife.

Secondly, it seems that you are worry about her right in your self acquired property, that is why put up the above query.

Thirdly, I advice you to buy the house in your mother name, that may save you from any future trouble to you as well as to your mother.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

This is my response to you:

1. It is advisable that you purchase the property in your family name;

2. Do not purchase or transfer in your name until divorce is finalised;

3. Try to obtain the divorce as early as possible by waving off the cooling-off period;

4. Consult a good family and criminal lawyer.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

Divorce petition has nothing to do with purchasing of property yes since you are planning to go for divorce it's advisable to purchase property in your mom or dad's name so that she cannot stake claim on it later. File a petition under sec 13(1)(ia)&13(iii) of hindu marriage act

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

Filing a divorce case in the family court has nothing to do with the purchase of a property either on your name or your mother's name.

Your wife cannot claim any share in the proeprty as a right at least not during your lifetime.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

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