Dear sir I was the sufferer and married her (She did M.Tech Computer Science) in June 2014. We have been living separately since June 2014 because of misunderstandings. She is an Assistant Professor in a private engineering college and used to get Rs. 17,000 Per month upto 2017. 1. First we filed a legal separation case and after one year it is converted into a divorce case. Divorce case is in High Court of Andhra Pradesh since 2020 2.They filed 498A in 2015, and it was acquitted in 2022. 3. The lower court has sanctioned 8000/- as maintenance, and this matter is currently pending in the district court, with both parties seeking to increase or decrease this amount. The college authorities are helping her by paying salary by hand and not showing her name in records. But she is working in the same college, college authorities have submitted record that she is in records till 2017. My questions are as follows, 1. If i Buy any property (land, House) does she have any right to it? 2. If I resign a state government university professor post, do I need to pay any amount? 3. I have approached AICTE about her job verification. But does not have any proof. They have meticulously planned and erased all bank accounts in her name. How to prove that she is working?They are demanding 40000/ - even though no children. We stayed only 10 days together. 4. If i register any property in my mothers name does my brother and sister have any right on it?
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She can claim right to stay in said property
2) you will have to pay maintenance of there is difference in your incomes
3) wife may take plea that you left job deliberately
4) if you buy in mother name your siblings can claim share in property on mother demise intestate
Buying Property: If you buy property in your name after divorce, she has no legal right. While still married, she may claim maintenance, not property share (unless jointly owned).
Resigning Govt Job: Check your service bond or appointment terms. If there's no bond, no payment required on resignation.
Proving Her Job: Try collecting indirect proof like:
Photographs of her at college
Student/colleague testimonies
RTI to AICTE or University if it's a recognized college
Registering Property in Mother's Name: Yes, after your mother's death, property will be shared equally among her legal heirs — you, your brother, and your sister — unless there’s a will.
1. She cannot claim any share in the property you purchase as a right.
2. Yes, you may have to pay the maintenance even if you resign the current job.
3. You may have to use your own sources to find out if she is employed anywhere and other details of her earnings .
4. The property purchased on your mother's name will be her own and absolute property, if she dies intestate then her all legal heirs are entitled to a share in the property as a right.
4. Yes. Post her demise, all children’s ill inherit ion equal proportions.
1. No, but when gets to know about this, she can cite this as an asset and can accordingly seek te maintenance/ or ask for hiking of the same.
2. Yes, because even without a job, an able-bodied husband in India is obligated to pay maintenance to his wife under Section 125 of the Criminal Procedure Code (CrPC).
3. You have to show it in the black and white. Get her ITR or salary slip, or some job verification docs.
1. As per law , she cannot claim any right over your property during your life time , however she has residential right from you under the provision DV Act.
2. Yes, even if you will resign then also Court can pass order
- However, if she is working and having sufficient income then she is not entitled to get the maintenance
- You can summon the official of that university for giving her details , or you can submit proof of her income
3. The maintenance can be allowed her 1/4th of your income
- However this also depends upon many other factors like burden on your shoulder of your parents etc.
4. Yes, they can claim a share after her demise , however during her life time she can return that property by way of gift deed , after solving your disputes with wife.
- You can contact me , if further suggestion needed.
She doesn’t have any right in property sha can only claim maintenance
yes your brother and sister will have right in mother’s property
