Wife in continuation of marriage is not entitled to ask any share/transfer of property and seek maintenance from husband. It is only after divorce the question of maintenance arises, she is not entitled to any share in the property of husband. It is law of U.S. to divide the property equally after divorce not in India. She cannot ask for maintenance or any share in property as long marriage continues. If you want to dissolve marriage on ground of adultery, it altogether different.
Am I supposed to transfer a house in my wife's name and also pay monthly maintenance
We are married for 26+ years. We have two adult daughters who are studying abroad. For the last more than one year I am living separately in rented house and she is living in the house owned by me. I have paid for this house. She is B.Com graduate. She was not working earlier but for last 4-5 years she has been working. Currently, she is working with a semi-govt company on contractual basis earning 42K per month. She had relationship with another man and they were planning to get married. But they did not marry and she was staying in my house only with me in separate rooms. I have proof of their plan to get married. I am paying all expenses of daughters including their education, medical, clothes and all other. We have another flat in joint name for which I have funded the whole amount and only I am repaying the loan taken in joint name. I am also transferring Rs. 3000 per month to her account for her day to day maintenance. I am also paying electricity bill, internet bill, cooking gas bill, Netflix bill & society charges for the house in which she is living which is in my name. Is my wife reasonable in asking to transfer the house in her name in which she is living and also pay monthly maintenance of 20-25K per month when I am taking all responsibilities of children and she is earning also.
Asked 2 years ago in Family Law
Religion: Hindu
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12 Answers
You are not bound to transfer house on wife name wherein she is staying
2) when both parties are working both have to bear expenses for maintenance of children in proportion to their incomes
3) if she is working you don’t have to pay her Rs 25 K as maintenance
1. If you can collect and prove demonstrable evidence of her illicit relationship with another man, then it amounts to adultery and if it's proved in the Court, you need not pay any alimony/maintenance and in such a situation, she can't demand transfer of the house in her name.
2. You have to convince the Court that you have been taking responsibility of your children's financial needs. Moreover, your wife is working and earning a decent salary.
- No, House is yours only.
- you have to collect evidence of her illicit relationship with another man, then it will amount to adultery and once it is proved in the Court, then you don’t have to pay any alimony or maintenance and house or anything.
- When she is also working then both have to bear all the expenses of children maintenance in proportion to their incomes.
- Because she is working then you don’t have to pay her maintenance. Keep paying 3k till case decides.
If you feel that her demands are not justified and you cannot accept her demands then you can refuse to pay her anything especially when she is also having source of income through salary and also that she is living in adulterous relationship with a third person.
There is no justification on your part to reside outside on a rented accommodation while you have two houses of your own.
You can issue a legal notice to her to vacate the house that is lying on your name and inform her that you are ready to provide her an accommodation outside the house where she is currently residing.
She is not having any rights in the house fully owned by you and for the jointly owned house you can file a suit for declaration of title to your name based on the your funds that was used for purchasing this proeprty and for vacant possession if she is occupying the same.
- As per law, she cannot claim right over the property during your life time , if the said property is in your name , however she has residential right from you .
- Further, if she is working and getting handsome income , which is sufficient for her maintenance , then she cannot even claim maintenance from you.
- Further, if another property is in joint name , and you are paying the emi or has paid entire consideration amount , then you can be single owner of the said property after filing a declaration suit before the court after submitting proof of payment of fund.
- Further , if you having to proof of her extra-marital relationship , then you can take divorce on this ground , and also she cannot claim any right from you.
- Further , legally she cannot marry with another man without getting divorce from you , otherwise she can be booked under the Bigamy Act.
- Further, if she marry with another man , then she will loose all the rights from you legally.
- However, if your children are minor or major without employment , then they can claim maintenance from you , but even they also cannot claim any right in the property during your life time.
You can contact me, if further suggestion needed.
No it's not necessary. You only only bound to provide maintenance to wife if she is dependent. You need to also provide maintenance for your children if any.
Thanks to all learned counsels for advice. The question asked above was obviously in case of divorce only. I would like to confirm the following : 1. As per you I need not transfer the house in which she is living (owned by me) into her name. But she is asking where is she going to live as she does not earn enough to rent a house, pay its maintenance and spend on her living expense. She earns approx. Rs. 42 K per month. Can the Court grant her right to have one house transferred in her name. 2. When I am willing to bear all expenses of my daughters including their education, living cost and marriage, can she ask for maintenance after I transfer one house in her name through a Gift Deed. 3. There is Supreme Court decision that even in case of adultery by wife, husband has to pay maintenance to his wife. I believe adultery has to be continues. I have proof of her planning to marry another man (of course after taking divorce from me). I believe, its very difficult to prove adultery in Courts 4. What happens to the Jewellery bought by me for her. Can she claim right on that as "Stridhan" and can she also claim gold coins bought by me on Diwali. 5. I can claim the ownership of the house in joint name through Court as it is fully funded by me only. 6. Lastly, If I am willing to transfer one house in joint name of her and daughters, can she claim monthly maintenance for the house and some amount for her living expense.
Asked 2 years ago
She can seek right to stay in her matrimonial home
2) court would not insist you transfer house in her name
3) if you are willing to transfer house she cannot seek maintenance if she is earning Rs 42 k a month
4) mere planning to marry another man dies not prove adultery
5) jewellery bought for wife is her stridhan
6) you can obtain court orders that you are absolute owner of property if full consideration was paid by you
1. No, it is your misconception.
After divorce she is not entitled to residential rights from her spouse. In fact even during the married life, she is entitled only to residential rights and not the property itself, therefore you do not have to bother about her expressions that where she will go after divorce etc.,
2. If is not having any source of income to sustain her expenses she can very well claim maintenance even if you have voluntarily transferred a house on her name.She is eligible for that.
3. If she remarries after divorce the she will not be eligible for maintenance amount.
4. Whatever gifts she got during or after marriage shall become stridhan.
5. You have to file a suit for declaration in order to get that house on your name in full.
6. yes
As informed you don't need to trasfer it as matter of right
Dear Client,
As per the facts which have been provided, wife can ask for maintenance only after divorce. And if both the partners are working then both have to bear the expenses of children.
Hope this clarifies your doubt and requirement.
1. No, court cannot pass order to transfer the house in her name , but can give her residential right , and this may a rented house as well.
2. Before executing gift deed , you should entered into an MOU with her after mentioning that she will not claim anything for herself and on behalf of the children in future .
3. My reply is given earlier
4. Yes, all streedhan , her property whether purchased by you and from her family.
5. You can be declare single owner of the property after producing the payment proof
6. Read reply No.2