• Divorce in India. Can she take my U.S. property?

I live in America but only on a work visa not greencard holder and I own my own house here. Married 1yr and now wife says she will go home to India to file divorce. Says I will have to sell my house and maintain her for lifetime. Laws favor women.

Can she ask for my house?
Will judge say for me to pay her lifetime?
How Much??

She is young and good educated.
I barely have income for myself or to support us together, but how much hurt can judge ask of me?
She uses as threats and I don't know what is true.
I have my home for 15 years prior to our nuptials. Can she really take my home from me??
Asked 1 year ago in Family Law from United States
Religion: Hindu
1. Under the Indian law the wife has no share in the property of her husband. So her getting it under the Indian legal framework is out of question.

2. In US the assets including your house will be divided at the time of finalization of divorce.

3. Your wife may sue you for maintenance either in India or US.

4. Since you are an Indian citizen you are liable under the Indian law. If she launches your prosecution for dowry harassment or assault in India then immediately apply for pre-arrest bail.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
1) wife has no share in husband property 

2) in the event she files for divorce in India court will not award your wife your USA property 

3) you will have to pay her maintenance if wife is not working 

4) court generally award one third husband income as maintenance 
Ajay Sethi
Advocate, Mumbai
23367 Answers
1224 Consultations
5.0 on 5.0
Hi, wife is not entitled for share in the property and she is entitled for only maintenance.

2. As far as quantum of maintenance there is no hard and fast rule while granting maintenance provided husband income and his social status are considered and until  her remarriage you are liable to pay the maintenance.

3. Recent court judgement says that if the wife is well qualified  then she will not able to claim maintenance form her husband.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
1. If she files an application for maintenance before any India Court,you will get summons/Notice and will be required to attend the Court personally or through a lawyer,

2. Court will hear both the parties and pass maintenance order, if any,

3. Normally, maintenance awarded is 1/5th to 1/3rd of husband's net monthly earnings deducting his monthly compulsory payments,

4. Maintenance will be allowed provided your wife is not employed,

5. Under no circumstances the Court will direct you to sell of your dwelling house to pay maintenance to your wife,

6. Maintenance will be awarded from your monthly net earning only.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
Where has she planned to file divorce, in India or US?
If the divorce proceedings are to take place in India, the law is different to that of US divorce laws.
In India, she cannot claim a share in the self acquired or ancestral property even if the property is in US. Whereas if she files  a divorce suit in US, the post-nuptial arrangement will commensurate with the number of years of married life and the economic status of both.

Can she ask for my house?     NO

Will judge say for me to pay her lifetime?  It depends on the merits in the case that the court will decide on the alimony amount
How Much??     ?????  (Court)


She is young and good educated.
You cannot claim excuse on this ground for denying her maintenance, it bfomes your duty to maintain her as er Hindu law.

I barely have income for myself or to support us together, but how much hurt can judge ask of me?
You prove your economic status before court, the court will decide the quantity of award amount


She uses as threats and I don't know what is true.
Challenge her allegations accordingly

I have my home for 15 years prior to our nuptials. Can she really take my home from me??
No

T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
5.0 on 5.0
Indian Court have not jurisdiction and power in the matter of property in USA, so she can not ask for share of your house. You have to pay only maintenance to your wife till she re-marry or got employment. Quantum of maintenance depends on your income and liabilities and discretion of court.
Minansu Bhadra
Advocate, Kolkata
266 Answers
23 Consultations
4.8 on 5.0
1. Since wife has no share in the property of her husband , she can not sell his property.
2. if wife does not remarry then the husband is liable for her maintenance as long as she lives.
3. The quantum of maintenance is 1/3 to 1/5 income of husband.
4. If wife is gainfully employed then husband is not liable for maintenance.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
Can she ask for my house?
Opinion: No, there is no law in india for sharing the property in divorce case until and unless she is also the joint owner of the property.

Will judge say for me to pay her lifetime? How Much??
opinion: Its depend on her demand and eligibility. if she is unable to maintain herself and file for maintenance or alimony then the court will consider all the savings, income, expenditure and status of parties and pass an appropriate order, if you think that the order is not illegal or you think that you should fight against the order then you have the option to file an appeal/revision before higher court.
the court may pass an order of 1/3 to 1/2 of your income.
you can contact over the phone after pay the consultation fee which is very nominal.
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0
If she files for divorce she can claim alimony, mantenance. Claiming right over property is difficult since your house is in US. You may come to a compromise of paying once a lump sum amount and set yourself free from her. Law does favour woman but it's not that easy as she thinks. 

If she's working then the alimony you pay may be reduced. 

Regds, 

Adv. Payal 
Payal Arora
Advocate, Pune
333 Answers
7 Consultations
4.1 on 5.0
First of all the petition for divorce may be filed by either party after having separation of at least one year for dissolving their marriage on the grounds as mentioned under Section 13 of the Hindu Marriage Act, 1955. Let me remind you that it is difficult to get a contested divorce unless both of them mutually agreed to divorce. 

She can not ask for your house. At the most she can file maintenance, if she is not earning and financially dependent on you. The maintenance usually depends upon the social status and shall be subject to the earnings of the husband, but if wife is earning the application for the maintenance can be defended on this ground. 
Rajinder Kumar
Advocate, New Delhi
68 Answers
4 Consultations
5.0 on 5.0
Your wife can claim only maintenance from you and not the share of the property unless it is joint property. The maintenance usually depends upon the social status and shall be subject to the earnings of the husband. You have to provide maintenance amount to wife, if she is not employed. 
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
5.0 on 5.0
1) bill has to be passerby both Houses of Parliament and receive president assent to come into force 

2) there is tremendous opposition to provisions of said Bill and may take years before it is passed by parliament 

3) the provisions of said act as finally passed by parliament will have to be considered 

4) as on date you are safe and wife has no share in  your property
Ajay Sethi
Advocate, Mumbai
23367 Answers
1224 Consultations
5.0 on 5.0
Hi, if you  worried so it is better gift the house to your mother or father and in turn execute a will in favour of you so the will come into effect only after the death so you have time..........
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
Marriage Amendment Bill is not likely to be passed ever as it has come under severe criticism from various quarters. However, if it does get passed the wives may just be able to claim 50% share in the property purchased by the husband after marriage.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
You are worried about a thing which is not in existence.The so called amendments to Hindu law are yet to take any initiation by the policy makers, there are ot of rumors about its amendments and harshness but nobody is able to give a concrete shape to it including the law makers because the proposals made by some idiot policy makers are practically not feasible and any person who dares to introduce the proposed changes will drain out his vote banks, which the politicians will not even think about, there fore do not go by rumors and keep worrying about non-existent item.   Further for your information, we are lawyers here and not astrologists to predict the future. 
T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
5.0 on 5.0
Realise the fact that  the Amendments bill is not executed as an act.A Bill is the draft of a legislative proposal. It has to pass through various stages before it becomes an Act of Parliament.The legislative process starts with the introduction of a Bill in either House of Parliament—Lok Sabha or Rajya Sabha. A Bill can be introduced either by a Minister or by a private member.

The Marriage Laws (Amendment) Bill, 2010 was introduced in the Lok Sabha on August 4, 2010. The court shall consider all circumstances including conduct of parties, children before deciding whether a divorce would result in hardship. Also, court has to be satisfied that adequate financial provision has been made for any children (including unmarried or widowed daughters).

The proposed law says that if a couple decides to dissolve their marriage, or even if one of them files for and obtains divorce, the wife will get half of everything that the husband owns. Equally the husband gets half of what the wife owns – marital property will be jointly divided. This includes not only what each of the spouses have earned, but also ancestral property – whether already inherited or inheritable.
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
5.0 on 5.0
1. This is a Bill only which has been sent to cold storage now,

2. The Bill shall have to be passed and made law which has not been done and is not expected to be done,

3. Advices are given based on present Law/Act and not based on asumption of enactment of any future Act.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
its depend on the law if the law is retrospective then only this may be happen otherwise not.
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0
It depends if the amended bill is retrospective which means it's applicable to the past cases also. 

Regds, 

Adv. Payal
Payal Arora
Advocate, Pune
333 Answers
7 Consultations
4.1 on 5.0

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