Under no circumstances should your brother buy any flat during pendency of divorce case
2) wife can claim right to stay in said flat
3) also seek injunction restraining sale of property
Hello sir.... i am asking this question for my elder brother.....he got married in 2015 september to a girl who was a divorcee with no children from the first marriage. She was promiscuous and always preferred to stay at her mother's place and wanted my brother to visit her once a month to give away his salary....within a period of 1 year he understood what was going on and asked her to mend her ways but she did not comply with...she and her mother threatened him with dire consequences .So my brother filed for a divorce and she filed for maintanance. Within this 1 year my brother's wife gave birth to a girl child and we are not sure who is the father? In maintance case the girl has finished her cross and has been given time to submit proofs. She requested for a transfer of divorce case to her place(GUNTUR) citing difficulty in travel.Now my brother is planning to buy a flat with loan. His wife will never know this but is there any chance of tracing using aadhar or pan card?
How can my brother bring her to one time settlement ?
Under no circumstances should your brother buy any flat during pendency of divorce case
2) wife can claim right to stay in said flat
3) also seek injunction restraining sale of property
There is no problem in purchasing the flat after procuring the loan from the bank even in case there is divorce case pending with wife.
In case there is any confusion over the biological father of the child during the divorce petition this can be taken up and pray to the code to get the DNA test of the child to determine the biological father.
I hope tracing is not possible with the help of pan or aadhar?
Dear Client,
Since she was not in regualar cohabition with your brother, he must deny his parent hood and request for DNA test. It this is proved that child dose not belong to your brother, divorce will grant and maintainance to pay.
Further wife living away from husband without any reason/by her chioce not entitle to maintainance. Even she got to know about the property, she has no claim in it and through adhar no. it is not traceable neither need to attach adhar with sale deed as address proof.
Tracking not possible, only income tax authority can track. By the way why your brother hiding this transaction.
Hello,
yes she can trace it and also if there comes a chance where the brother is required to file affidavit then he will have to disclose.
even if she comes to know she can not do much, she does not have any right on the said property.
Regards
Wife can make application in court to direct husband to disclose assets standing in his name
2) she can engage detective agency and gather evidence in respect of property standing in your name
3) if you make false statements on oath wife can file application for perjury against you
But sir DNA test is not a full proof test...it is a reported as percentage of genetic similarity...his present lawyerhas dissuaded him from doing that as the consequences would be unfavourable for if the similarity is there...
1) if you are not father of child you don’t have to pay maintenance
2) if you are convinced you are not father of child then only make application for DNA test
Certainly, if he is sure that kid dose not belongs to him than only go for it otherwise why take chance. Well, than defend you case on the ground of willful desertion.
See even if the brother buys the flat and she comes to know about the same then also she has no right over the property. Further she cannot track the registration without the registry number.
It cannot be traced from the adhaar card.
See DNA if your brother is not father, the boys DNA wont be similar to him so under Indian evidence act suit can be filed DNA test can be asked.
Even is she is coming to know about the purchase of his property, she cannot claim any share in it as a right.
Until she is not having any clue about it she cannot trace out the details.
How can my brother bring her to one time settlement ?
He may ask his lawyer to contact her lawyer and negotiate the one time settlement amount, provided she agrees to the proposal.
I hope tracing is not possible with the help of pan or aadhar?
You are right in your understanding, it will be difficult to trace out the details with the help of aadhar number
But sir DNA test is not a full proof test...it is a reported as percentage of genetic similarity...his present lawyerhas dissuaded him from doing that as the consequences would be unfavourable for if the similarity is there...
It is advisable to follow his lawyer's suggestions and guidance because this is a very sensitive issue and it may even backfire if the tests proved futile or against him