She cannot claim her stridhan as she has already received same
she can claim alimony
3) she cannot claim shares or money lying in your bank account
4) she has no share in your properties
5) you can transfer money from your account to your parents
Financial aspect in divorce
Me and my wife have filed for mutual divorce in 2019 october. but she is not attending the final hearing and delaying it purposely. i can see her bad intentions as she also filed complaints with local police and mahila aayog in her city before coming to compromise for mutual divorce. i have few questions in my case 1. can she ask any alimony or streedhan now as the mutual divorce states she doesnt want any alimony and she has already recieved her streedhan 2. I have Stock shares in my demat account. can she claim on the shares ? 3. whatever amount i have in my bank account , can she claim any share from that money ? 4. i have my residence and office in joint with my father and uncle. can she claim on the properties. 5. can i transfer the properties to my parents at this stage to avoid if there are chances of her claim ? 6. can i transfer money from my account to my parents at this stage if wife has a claim on it ? 7 i have negative Income tax filing for last many years due to loss in stock market and no job salary. can she have any claim for alimony ?
Asked 3 years ago in Family Law
Religion: Hindu
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6 Answers
- The answer to all your questions is that your wife can basically pull back from the terms of the mutual consent divorce. After wasting time for more couple of hearings, she can plead before the judge that she isn't agreeable to the terms drawn out.. She can then go on and plead that she has no intention of divorcing you and can plead restitution of conjugal rights, or, she can opt for contested divorce. If she opts for contested divorce, she can plead for alimony.
- So you see, at this stage, no counsel can predict what her intentions are. I fail to understand, what have you not opposed to her delaying tactics in court? Once the terms of mutual consent divorce were drawn out and filed before the judge, at the next hearing itself you should have pleaded decree of divorce be pronounced. If she isn't appearing, the decree be pronounced exparte.
- You must in the next hearing, make such a plea. If the judge isn't favourable to such plea, then in the subsequent hearing, instead of wasting any further time, you must plead that terms of the mutual consent divorce drawn out aren't agreeable to you and you intend to take back your mutual consent divorce petition. Once the petition gets dismissed, you must file fresh petition for contested divorce and as contested divorce is based on 'fault theory' you must plead against any alimony whatsoever.
- You obviously require services of an experienced counsel (advocate) as greenhorn may botch up the matter; as you are experiencing now. I'm willing to handle your matter diligently as your counsel. However, I require an exhaustive consultation session with you first. You need to visit me for that. I'm based in Mumbai /NaviMumbai; so it shouldn't be much of an issue for you to visit me.
- ९८२०८९७८८४. (Nine eight two zero eight nine seven eight eight four)
1. She may have to file a separate petition for that.
She may trying to avoid this mutual consent divorce petition for that reason also.
2. No.
3. No.
4. No.
5. It's up to you.
6. See the above.
7. She can claim alimony if she's not employed or having any source of income to sustain her expenses.
1. Return of streedhan has no connection with the alimony if the wife ahs no income of her own.
2. No.
3.No. She is only entitled to maintenance @ 1/4th of your income.
4. No but she can claim right of residence therein.
5. Yes.
6. Wife has no share in your income.
7. Yes.
If she has not agreed to it and took mutual divorce she can ask.
No she can't claim stock
No claim over bank account.
She can claim only residence right in her matrimonial house.
You can transfer but you need to pay her alimony
Yes she can have claim over alimony
1. Since , divorce has not been granted finally, then she can refused to comply the contents /mou dully submitted before the court on first motion.
- However, you can produce her statement given before the court in her case .
2. No , except maintenance/allimony
3. No
4. She can claim any share in your property during your life time.
5. Legally she cannot claim .
6. No need
7. You should produce the proof of loss in stock market
