• 498a and alimony

Hi Law Experts,

I need your inputs on the following.

I was married in 2009, me & wife never got along due to lot of personal differences, difference in personalities etc. So she and me mutually agreed it is not going to work, so i dropped her to her parents home in 2011 and then due to her family pressure she filed false 498a 325 34 504 506  against me, claiming i and my family harrased her for dowry and are not allowing her to stay in matrimonial home. We received bail for the false 498a and the case has not yet started till date . I came out of india to europe for my company work and i am here since last 3 years. While coming to europe i had made power of attorney and given to my father  for representing me in court matters, take care of my property- house etc in my absence.

In Jan 2014  wife filed for RCR stating that she wants to come and stay in matrimonial home, and is also claiming maintenance under sec 18 HMA.
My Father is very angry since he was implicated in false 498 and now she wants to come back. Me and my father are joint owner of the matrimonial home since 2006, and after marriage wife stayed in that home for almost 1.5 years.

Due to the fear that daughter in law will come back, based on the power of attorney i had given, my father removed my name from the house and got the house registered on his name in Apr-2014

Now my question is - since my father has transferred the matrimonial house-property on his name based on POA, without my consent, (1) can the daughter in law still claim right on the matrimonial house and come back to stay in matrimonial house forcefully, (2) when i apply for divorce after false 498a is over, will the court consider  the matrimonial house as my property for granting alimony? 
I believe i am thinking too much about future events, but it is good to have knowledge
Asked 2 years ago in Criminal Law from Mumbai, Maharashtra
1. Your wife can claim for accommodation under  PWDV Act only if her husband is owner of that property. 
She has no right over her in laws property.
2. Since it is no more your property then court would not consider it. In any case a house does not make major difference in quantum of alimony.

3. Concentrate your job, nothing will happen to effect adversely.
Devajyoti Barman
Advocate, Kolkata
5181 Answers
54 Consultations
4.9 on 5.0
1. Your wife cannot claim the right to stay in the property as you are no longer the owner thereof. She has no right to stay in the property which is owned by her father-in-law. Her proprietary rights are confined to the property owned by her husband alone.

2. It will not be considered by the court as your property as it has now been transferred to your father.
Ashish Davessar
Advocate, Jaipur
18070 Answers
447 Consultations
5.0 on 5.0
You can file divorce case against your wife at any time during the pendency of the  case u/s 498A . Your wife can claim maintenance ins pite of the fact that property is transfered in the name of ur father. as per latest Supreme Court Judgement wife has right in property  owned by father in law
Soumya Kundu
Advocate, Kolkata
87 Answers
0 Consultations
4.5 on 5.0
1. I have slightly different opinion. Thw wife has the right to stay in her matrimonial house where her husband stays or they lived together last,

2. This is the reason why I always advise my male clients to get detached from father's house and take up rented house and further send a legal letter to the wife asking her to join him at the said rented house. If she comes and enters in to your father's house and stays put there, it will be difficult for your father to evict her by force as if she complaints to police, your father will be in trouble,

3. Moreover, the Court also will take note of the fact that you have conveyed your share of the house to your father through the POA after complaint u/s498A was filed,

4. Please note that your action is not final and conclusive, that action will be severely challenged in the court by her lawyer,

5. However, your wife will have no right on your or your father's property,

6. She can claim maintenance/alimony only,

7. Negotiate with her amicably to go for mutual consent divorce.
Krishna Kishore Ganguly
Advocate, Kolkata
12083 Answers
228 Consultations
5.0 on 5.0

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