1) The divorced wife has 2 inherited properties to shelter herself. But the court refuses to take cognisance and has issued order to give the Only property which the husband has bought with his OWN funds ( like most husbands, he included his wife's name also in document) as she needs a roof over her head. Is there any court judgment against such a case? 2) Is the 25% of net salary pf the husband as alimony, Sacrosanct, irrespective of the Ex wife earning and wealth? any court judgements against this? 3) Is the court obliged to take the new family of the husband and the kid while deciding the alimony? Any court judgements in this regard
First answer received in 30 minutes.
Lawyers are available now to answer your questions.
1. If she is the joint owner of the property, then the will pass a decree allowing her share in the property.
2. If the wife is proved to be earning and having sufficient income to sustain her expenses then she will not be eligible for maintenance.
3. The husband's liabilities are to be properly demonstrated in the affidavit for assets and liabilities.
She has not INVESTED even a single rupee on the property. Her name was added as she was his wife. Can she claim the share. Income tax has cleared that the entire payment has gone from his account
File appeal against impugned order before HC
2) take plea that you are absolute owner of property as full payment made by you
3) that wife already has 2 properties in her name
4) if wife is working and not much difference in incomes she is not entitled to maintenance or alimony
File declaroty suit that you are absolute owner of property as full consideration paid by you
1) The IT certificate should be a good evidence for countering the wife's claim.
2) The wife's financial status should be established by documentary evidence to the satisfaction of the court to counter her claim for 25%.
3) Yes, again this fact should be convincingly pleaded.
Dear client,
1) In cases of divorce, the division of property can depend on various factors, including the type of property (inherited or acquired during the marriage), contributions made by both parties, and local laws. In some instances, inherited properties may be considered separate assets and not subject to division in a divorce, but this can vary based on the circumstances and the laws of the specific region.
2) The determination of alimony or maintenance can depend on several factors, including the income disparity between the spouses, their respective financial situations, earning potential, duration of marriage, and individual needs. Courts may consider the financial independence of the spouses before awarding alimony. There might not be a fixed percentage (such as 25% of the husband's salary) universally applicable in all cases.
3) When deciding alimony or maintenance, courts typically consider the financial obligations of both parties, including any new family responsibilities the husband might have. However, the primary consideration is usually the financial situation and needs of the divorced spouse rather than the husband's new family.
Regarding property ownership, the inclusion of a spouse's name on a property document may not necessarily entitle them to an equal share in the property. Courts might consider various factors such as financial contributions, intentions behind adding the spouse's name, and other circumstances when determining property division. Courts usually aim for equitable distribution rather than equal division, taking into account the specific circumstances of each case. You can reach out to us for further assistance
1) If the inherited property are on her separate name as of now and getting fix monthly income, then you need to prove in the court of law. That she is getting ample amount of rupees per month and provide your living of standard expenses when she was living with you. So according to that alimony can be fixed.
2) What she is earning that is not concern in the alimony, you have to prove that she was living with you in very low living of standard against her demand for alimony amount, so you need to pay less alimony.
3) No, court won't take any excuses from expenses of second marriage and kids.
1. Details required to be examined. As per law since wife is joint owner then wife is entitled to equal share. Nevertheless, as per law, wife is entitled to equal share in the property acquired by husband after marriage. If wife has properties, then, you should have to highlight the same with relevant pleadings.
2. If wife is earning sufficient income then she is not entitled to maintenance and alimony.
3. Yes. Change in circumstances are necessary to decide maintenance.
Since the sale deed is on the joint names she is entitled to a share in the property.
If at all he claims to have fund entirely by him for the purchase of this property, he can file a suit for declaration to declare title to the property and interest on his name on the basis of the documentary evidences in his possession for having funded for the purchase of this property out of his own funds.
There is no such rule about alimony you can challenge the Lower court judgement in higher court
- As per law, a wife having her right to claim maintenance and residential right from her husband after filing a complaint under the provision of DV Act.
- However, if she is a working lady and getting sufficient amount for her maintenance , then she is not entitled to get maintenance from her husband..
1. Since, she has 2 inherited properties in her name , then she is not entitled to get the share in the property of husband
- However, if she is joint owner of the said property then she can claim her 50% share in the joint property
- Further, if she has not invested any amount in purchasing the said joint property , then the husband can be declared as single owner of the property after submitting proofs of fund
2. 25% of the net income , i.e. after deducting all the expenditure & burden of husband
3. Yes , the husband can produce the details of his new family expenditure before the court
