• Divorce and alimony

My wife left the house 2 months back saying that she wanted my flat in her second name which is only in my name as loan is going on. I am only working and earning person for family.she took aways all the documents licence policy n bank document currently she withdraws all the FDS calling amount in lacs n I had those money as had sold my property n got flat n few amount saved for child future.Now I want to know can she file stayorder in my flat as now I only have job n flat as my lifetime assets.what ways can I get the divorce done
Asked 7 years ago in Family Law
Religion: Hindu

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13 Answers

1.Hindu spouse cannot have a right over the self-acquired or ancestral property of the husband  in case of divorce.

2. Only the maintenance amount and/or alimony can be claimed from the other partner. 

Mohammed Mujeeb
Advocate, Hyderabad
19338 Answers
32 Consultations

Dear Client,

Wife has no claim on the property even before divorce except right to residence. Which may also refuse as she has already misappropriate lot money. Contribution for child growth is mandatory for both parents even after divorce. She can only claim maintenance but no right over husband assets even for child.

Yogendra Singh Rajawat
Advocate, Jaipur
23083 Answers
31 Consultations

The property belongs to and therefore she cannot have a claim on it. Now if you give divorce to her she will get maintenance in case she is not employed and a lump sum amount to start her life.

She cannot claim any rights on property after the decree. She can only claim whatever there is in the decree.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Wife has no share in property standing in your name 

 

2) she can claim right to stay in her matrimonial home 

 

3) you can file for divorce on grounds of mental cruelty 

 

3) wife refusing to stay with husband amounts to mental cruelty and is ground for divorce 

Ajay Sethi
Advocate, Mumbai
99859 Answers
8148 Consultations

Wife can seek maintenance from you for herself and child 

Ajay Sethi
Advocate, Mumbai
99859 Answers
8148 Consultations

See firstly wife has no right in flat if she has not invested any amount in same and further flat is in your name.

Also for divorce you can file a mutual divorce If she is ready for same if not then under section 13 Hindu marriage act.you need to file a contested divorce on grounds such as cruelty.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

No wife has no right after divorce and further child also in lifetime cannot claim any share in the flat only in case of intestate death that is without will he can claim share.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1. It is not clear how your wife is withdrawing money from the FD booked in your name.

2. if you do not want then she can not be made co owner of the house.

3. Wife has no share in the property owned by husband but she has right of residence therein which she can enforce by filing a case under PWDV Act.

Devajyoti Barman
Advocate, Kolkata
23656 Answers
537 Consultations

1) See she can't claim for divorce as she herself has left the home. Means you can file case that she has deserted you and took all belongs from home.

 

2) Till you're alive she can't get any share in the flat.

 

3) Initially you don't go for divorce let her go.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

No she can't claim ownership rights in the same. At the most she can claim residence rights and alimony.

Prashant Nayak
Advocate, Mumbai
34576 Answers
249 Consultations

Dear Sir,

File a suit of injunction for not to alienate the property.  She has no right over yours property.  You can file a divorce on the ground of mentally harassment. 

wife has no share only right for maintenance or alimony. If she is educated and avoiding employment then alimony will be between Rs.2 – 3 lakhs one time settlement.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

How can she withdraw the amount from your account without your assent/consent/permission?

She cannot obtain stay since she is not entitled to any share in your property.

 

T Kalaiselvan
Advocate, Vellore
90062 Answers
2499 Consultations

No she also cannot claim any share in the property after divorce.

T Kalaiselvan
Advocate, Vellore
90062 Answers
2499 Consultations

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