• Me and my wife views about life are different. We want divorce.

Hi ,
 i am married 12 yrs. My wife and me dont along well. She wants divorce from me. I have 12 yr old female kid. She doesnot have any property of her own and relied on my income.
1. How long it will take for us to get separated as soon as possible on mutual agreement basis and what is procedure?
2. I have a house which was gifted to me by my grand mother. Its on my name.Can she claim stake in that house? 
3. I am jobless currently then what alumini can she claim?
4. Can she put baseless allegations on me like i troubled her or my mother troubled her? becuase none of this is true.Yes few fights happened which happen in any house.
5. Who will get custody of my daughter?
Asked 4 years ago in Family Law
Religion: Hindu

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21 Answers

6 to 7 months. Joint MCD petiton will file in family court. Wife have no claim on husband property. Wife is entitle to 25% of net salary. Non earning status has no issue fro court. If you will not pay alimony. Court will grant her ownership in your house.

She can file false cases.

5. Who will get custody of my daughter? - Mother. Father will get visitation right. 

Yogendra Singh Rajawat
Advocate, Jaipur
22636 Answers
31 Consultations

4.4 on 5.0

1.  6 to 8 months

2. No. She can only claim alimony, residence rights and child support in case of children.

3. She may claim the amount required for living which was necessary during subsistence of our marriage

Prashant Nayak
Advocate, Mumbai
31954 Answers
179 Consultations

4.1 on 5.0

1)divorce by mutual consent takes 6 months 

 

2) wife has no share in house standing in your name 

 

3) she can only claim right to stay in her matrimonial home 

 

4) if wife is not working she is entitled to maintenance for herself and daughter . even if you are unemployed you have to maintain your wife and child 

 

5) custody of daughter is generally awarded to mother 

 

6) you would get visitation rights 

Ajay Sethi
Advocate, Mumbai
94733 Answers
7539 Consultations

5.0 on 5.0

1. See mutual divorce takes 6-8 months , you and wife can present joint mutual divorce petition before the family court. On presenting the petition family court shall record the first motion and give date of after six months for recording second motion.

2. She has no claim on your property and house.

3. See in mutual divorce you and your wife can mutually decide the alimony.

4. She can file case of domestic violence and mental cruelty though she need evidence of same.

5. You both can mutually decide the custody in mutual divorce. You can ask for joint custody from your wife.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

1) MCD takes minimum of six months.

2) No, she cannot claim right in your property, however, she can seek residential orders.

3) Even if you are jobless and not earning it is bounden duty to maintain your wife and child.

4) There  is chance of her filing false cases to pressurise you.

5) Custody can be joint, but more often than not, mother will be given custody with visitation rights to father, and that, the interest / wish of child will also be sought by court before finalizing.

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

Divorce allows a person to break free from an onerous marital relationship.Divorce by Mutual Consent is the easiest way to get a divorce, in this both parties work out their terms on which they agree to part ways- file petition in the court, which is finalised in 6 months. However there may be cases where the decision to part may not be a mutual one, and it is only one party who considers the union to be troublesome and worth getting rid off. Such situations lead to Divorce being contested.Divorce by Mutual Consent is as the name suggests is when both parties ie; husband and wife comes to a mutual understanding that the marriage be dissolved amicably. It is clear that one of the parties may withdraw their consent at any time before the passing of the decree. 

 

Wife has no right to claim share in the house standing in your name she can only claim right to stay in her matrimonial home as per D V Act . A Hindu male is legally obligated to maintain his spouse. Maintenance includes provision for food, residence, clothing, education and medical attendance and treatment.if wife is not working she is entitled to maintenance for herself and daughter .

The Supreme Court of India has held that no fixed formula can be laid for fixing the amount of maintenance. It has to be in the nature of things which depend on various facts and circumstances of each case. The court has to consider the status of the parties, their respective needs, the capacity of the husband to pay, having regard to reasonable expenses for his own maintenance and others whom he is obliged to maintain under the law and statute.

 

The laws governing child custody in India are the Guardians and Wards Act 1890 and the Hindu Minority and Guardianship Act 1956. The Supreme Court of India has consistently held that in deciding cases of child custody ‘the first and paramount consideration is the welfare and interest of the child and not the rights of the parents under a statute’. More over gender Supreme Court says that equality is one of the basic principles of our Constitution, and, therefore, the father by reason of a dominant personality cannot be ascribed to have a preferential right over the mother in the matter of guardianship since both fall within the same category. The custody of a minor who has not completed the age of five years shall ordinarily be with the mother’

 

Ajay N S
Advocate, Ernakulam
4073 Answers
111 Consultations

5.0 on 5.0

You may be separated as soon as you wish.

Since your wife is dependent on you you will have to pay the maintenance for wife and child she will not have any claim Aditya property you have and in case of mutual consent divorce it will be quick but you have to be agreed with your wife that the amount of settlement that you had to pay to your wife to wind-up this marriage.

During the pendency of divorce petition your wife will have all the right to take any legal action against you that could be up criminal nature as well and alimony amount is decided by the parties and allowed by the court it is always dependent upon the social and economic position of both the parties since your wife is totally dependent on you in this case the interest of your wife and daughter will definitely be looked by the court and you will be made liable to provide good education to your daughter as well as their will being

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

See if same is gifted to you , you are absolute owner of same and you can gift 50 percent share of same to your wife.

No they have no rights in the said property.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Your siblings have no share in property gifted to you by your grand mother 

 

you can execute gift deed for 50 percent share in house in favour of your wife 

Ajay Sethi
Advocate, Mumbai
94733 Answers
7539 Consultations

5.0 on 5.0

You received house through registered gift deed. None have any claim. You are absolute owner, can give to any of your choice.

Yogendra Singh Rajawat
Advocate, Jaipur
22636 Answers
31 Consultations

4.4 on 5.0

Yes you can do that

Prashant Nayak
Advocate, Mumbai
31954 Answers
179 Consultations

4.1 on 5.0

1. If you both are living separately for more than a year, then you can file a mutual consent divorce and the process will take hardly 15 days to get the marriage dissolved by a decree of divorce.

2.No, neither she nor anyone can claim a share in it as a right at least not during your lifetime.

3. She has to prove your income to claim maintenance or alimony accordingly.

4. She may do all such things to avenge you people, nobody can predict what goes on in her mind.

5. You may have to apply for custody of child, the court will decide on merits. 

T Kalaiselvan
Advocate, Vellore
84934 Answers
2197 Consultations

5.0 on 5.0

If you want to transfer 50% share in that house which was transferred to you by a registered gift deed, there is no legal impediment to so so, it is your own and absolute property hence nobody can question your authority nor your sisters an claim any share in it as a right.

T Kalaiselvan
Advocate, Vellore
84934 Answers
2197 Consultations

5.0 on 5.0

1.&2. If your wife wants divorce from you ask her about her plan to lead her life without having any financial resources of her own. As per Indian law, wife will have no claim on her husband's properties during his lifetime.

 

3. She can claim whatever she wishes to but before making such claim she shall have to file application for maintenance which you shall have to contest. Ordinarily, 1/3rd to 1/4th of husband's net monthly earning is awarded as maintenance for the wife. 

 

4. She can put any and all sorts of allegations against you and your family members to harass you which you shall have to contest fittingly.

 

5. Custody of child is decided based on welfare of the child. If you can prove that for her welfare you should have her custody, then you might get the custody of your daughter.. 

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

1. Was the said property of your grandmother gifted to you by registering a gift deed in your favour by your grandmother?

 

2. If yes, then you can gift 50% of the same to your wife as per law without any problem.

 

3. If no gift deed in connection with the said property was not registered in your favour, then all the legal heirs of your said grandmother will have equal share on the said property and you can gift 50% of your share of the  said property to your wife if you so desire.

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

1. Under section 13 ,  the Hindu Marriage Act, allows for a divorce by Mutual consent.

- A couple can be granted a divorce if, they end the marriage by presenting a joint petition stating that they have been living separately for at least one year and have mutually agreed to dissolve the marriage.

- If, you are living in the same house, but having no relation, then you can get the same as well.

- The divorce will take at-least 6 moths , but this period can be waived after filing an application before the court. 

2. No, during you life time , she cannot claim any share in your property either ancestral or self acquired. 

3. She can claim maintenance and residential right from you. It doesn't matter , whether you are jobless or working. 

4. Yes, if she is not agree for mutual divorce , then she can put baseless allegations on you , if you will file a divorce petition against her wishes. 

5. Generally mother , but depend on welfare of the child. 

- No, your sibling sisters cannot get any share from your share , as the same you got by your grandmother via Gift. 

Mohammed Shahzad
Advocate, Delhi
13230 Answers
198 Consultations

5.0 on 5.0

Hi

1. Mutual Consent Divorce will be accomplished with in a month.

2 & 3. Its upto you and your wife that on what terms you and your wife comes to the settlement of mutual consent. 

4. She can put any allegation on you and your mother,  you have to prove them false. 

5. Its upto the child.

NO YOUR SISTERS CANNOT CLAIM. 

Thanks 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

Dear Sir,

My answers are as follows:

  1. How long it will take for us to get separated as soon as possible on mutual agreement basis and what is procedure?

Ans: Hardly 3 to 6 months.

  1. I have a house which was gifted to me by my grand mother. Its on my name.Can she claim stake in that house?

Ans: She cannot claim except some alimony may be between Rs.5L to 15L

  1. I am jobless currently then what alumini can she claim?

Ans: You may produce unemployment certificate from Revenue Department and get divorce without any alimony to wife.

  1. Can she put baseless allegations on me like i troubled her or my mother troubled her? becuase none of this is true.Yes few fights happened which happen in any house.

Ans: Now, at this delayed time such allegations will be brushed away.

  1. Who will get custody of my daughter?

Ans: You can get the custody as she is more than 12 years.

I have a independent house which was gifted to me by my father's mother ie grandmother when she was alive. She is no more now. I have 2 sibling sisters both married. If i make my wife 50% owner of this house, can my siblings ie sisters or anybody challenge this? Do they have legal rights over this property of mine? Can i safely give 50% of share of this banglow to my wife without any hurdles is my question?

Ans: Wife can claim only alimony and not share.

Kishan Dutt Kalaskar
Advocate, Bangalore
6136 Answers
487 Consultations

4.8 on 5.0

Process initiated by Filing Petition at family court for divorce with mutual consent. Mediation not required. 6 month average period for getting divorce decree. Pre condition of 1 year of marriage been passed and living separately for 1 yr or more.

She can claim only maintenance .

in MCD it's depend upon MOU Agreement.

She can file DV 498a.

Courts look for evidence that the parent requesting custody is genuinely able to meet the child's physical and emotional needs. Some courts will also consider the child's wishes, depending on their age.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

You can execute gift deed, your sibling have no share.


You can execute gift deed, your sibling have no share.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

1. If will take 6 months to get mutual consent divorce. Procedure is very simple and you both have to appear only two times before judge in family court.

2. No she cannot claim stake in your house. 

3. It will be decided mutually between you both. 

4. There will be no need for allegations in mutual consent divorce.

5. Every issue will be decided mutually or as per wish of your daughter as she is mature enough to decide with who she want to spend her life. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

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