• Question regarding divorce settlement

Have been married for about 30 years. Have a son adult age 27 wanting to pursue studies.
I have retired with only source of income is rent I receive approx Rs 6 lacs. My wife is working and drawing regular monthly income.

My wife has denied having any physical relations for about 10 years without any physical problems just that I objected to her giving her parents money i used to give her without my consent.

I believe both SC and HC have ruled this amounts to mental cruelty to grant divorce to a man.
She says she wants mutual divorce without a single penny since years. Now when I have really had enough of her harassment and that my son will also be going to pursue higher studies i asked her for consent terms for divorce.

Now suddenly she talks of her rights and compensation. Want to understand what can she be entitled to if she contests as share of assets and or alimony.

Need advice on the following
1) is she entitled to any share of property purchased by me in my individual name
2) is she entitled to any share of property inherited by me from my parents 
3)is she entitled to any share of property in my name prior to my wedding
4)is she entitled to any other assets securities and bank FD in my name
5) is she entitled to any monthly alimony since she is working with monthly income and I have not asked her a single penny of her assets or income till date
 
Request your urgent advise and quote to help me with the divorce.

Thanks
HGupta
Asked 2 months ago in Family Law from Mumbai, Maharashtra
Religion: Hindu
Wife has no share in property standing in husband name or inherited by her husband 

2) she only has right to stay in matrimonial Home 

3) wife would be entitled to maintenance if there is substantial differences your income 

4) court would consider investments standing in your name while determining maintenance payable to her 
Ajay Sethi
Advocate, Mumbai
44215 Answers
2563 Consultations

5.0 on 5.0

Wife doesnot have any right on the ancestral property or self acquired property but she can claim the maintenance and permanent alimony from husband.
Also court may grant a monthly alimony and permanant settlement amount but.if it shown that she earns and well enough to maintain herself.and you do not earn now than either.there shall be no or minimum amount of maintenance.
Shubham Jhajharia
Advocate, Ahmedabad
2005 Answers
8 Consultations

5.0 on 5.0

Advice on the following

1) is she entitled to any share of property purchased by me in my individual name
Ans: Yes , If she is living with you on that same property before separation.

In India the wife has right to maintenance, residence, compensation, protection and custody of children qua her husband whether she was divorced or not. But the wife has not right of property i.e. she cannot claim right over the property earned by her husband. during his life time. Being the absolute owner of the property, her husband can disposed off the property as per his sweet will and desire, however the wife has right to reside in the property owned by her husband and can obtain stay order from the court restraining him to sell the same

Wife is not entitle any share in the self acquired property of the husband during his life time. He is the absolute owner of the property and can dispose off as per his choice and no law can prevent him unless some charge has been created in the property. After his death, wife is entitle one share among other legal heirs of the husband who are his children and mother. Father is not entitled.

After divorce, wife has right of maintenance till she get re-married and in case the husband fails to pay the maintenance amount, the court can recovery the same from his properties


2) is she entitled to any share of property inherited by me from my parents 
Ans: Till you are alive she is not entitled after you she has rights if she is not remarried.

3) is she entitled to any share of property in my name prior to my wedding
Ans: No, If she demands in the court Its depend of court how it look at it.

In simple words ZERO. She is only entitled for maintenance & some compensation If & only if she is not earning sufficiently. She can claim property only if she is not divorced & widowed. Many people confuse accommodation claim (Right of Residence, PWDVA-2005, Sec 20) with property claims.

4)is she entitled to any other assets securities and bank FD in my name
Ans: No She is not entitled a she is working women and unless and until she has contributed it

5) is she entitled to any monthly alimony since she is working with monthly income and I have not asked her a single penny of her assets or income till date
Ans: She is not entitled for Alimony as she is working women.
Ganesh Kadam
Advocate, Pune
1739 Answers
6 Consultations

4.9 on 5.0

1.) Yes she is entitled to have share any of property which is purchased by you.
2.) No she is not entitle to have any share of property inherited to you from your parents 
3.) Yes she is any share of property in your name prior to your wedding
4.) She is entitle to get the maintenance amount according to your property value, assets, FD etc.
5.) Yes she is entitle to have monthly alimony, but you need to submit before the court about her education and job.
Laksheyender Kumar
Advocate, Delhi
669 Answers
2 Consultations

4.8 on 5.0

She will not be entitled to share in property but you need to pay her ailmony if court directs. If she is working then court may not grant ailmony too. She may have residence rights in shared household under provisions of Domestic voilence Act.
Prashant Nayak
Advocate, Greater Mumbai
1932 Answers

4.8 on 5.0

1. Since a long time in the marriage has elapsed, she can claim right over your self acquired property also.
2. She is not entitled to any ancestral property, but if the inherited property is not in the nature of ancestral property then she can make a claim over the same. 
3. She can not make a claim on the property purchased by you before the marriage.
4. She can claim alimony based on such deposits.
5. Since she is earning and has the capacity to earn therefore chances are bleak that the court will grant her any monthly maintenance. 

Regards 
Anilesh Tewari
Advocate, New Delhi
8336 Answers
103 Consultations

4.9 on 5.0

1. No, she is having no automatic claim in this. 
2. No, because any property inherited by you from your property, becomes your acquired property.
3. No.
4. No, since this too is your acquired property.
5. No.
Vibhanshu Srivastava
Advocate, Bangalore
5495 Answers
61 Consultations

4.9 on 5.0

1.  She is not entitled to any share in your own property as a right at least not during your lifetime.

2. The above answer suits this question too, even if the properties were inherited, it becomes your own and absolute property, hence she cannot have any rights or interest over that too.

3.  No.

4. No, not at least during your lifetime.

5.  You can prove her salary income and refuse her maintenance claim.
T Kalaiselvan
Advocate, Vellore
34383 Answers
368 Consultations

5.0 on 5.0

in consent terms of divorce the terms are to decided by both the parties until and unless the terms are not know how can it be assumed that what she will ask as far as is her right is concern, she has the right get maintenance and share in your property or assets.

for any further information call me on 
Anwar Zaidi
Advocate, Mira Bhayandar
189 Answers

Not rated

since she is your legally wedded wife she has right to stay in her matrimonial home 

2) since wife is working she would not be entitled to maintenance as you have retired from service 

3) you cannot force wife to stay separate 
Ajay Sethi
Advocate, Mumbai
44215 Answers
2563 Consultations

5.0 on 5.0

Hello,

Yes order to this effect of living separately can be passed by the court during the divorce proceedings are going on. 
Also, if she is demanding huge money then go for a contested divorce. 

Regards 
Anilesh Tewari
Advocate, New Delhi
8336 Answers
103 Consultations

4.9 on 5.0

You can refuse to pay her anything, you can also refuse to give her any share in the property.
Since she is not entitled to any share in the property, you can ask her to proceed legally which can be challenged properly.

Don't budge to any pressure.
You can remain away from her.
T Kalaiselvan
Advocate, Vellore
34383 Answers
368 Consultations

5.0 on 5.0

You can ask her but you can't compel her to stay separate.
Prashant Nayak
Advocate, Greater Mumbai
1932 Answers

4.8 on 5.0

You can show the court that her demands are made for maintenance just to get unjustly enriched from you by taking your wealth and prove that she's educated and earning so that you can get exemption from giving her huge amount of maintenance.
Swarnarka Chowdhury
Advocate, Mysore
886 Answers

5.0 on 5.0

She can ask what ever she things fit but it's you who have to accept it or decline it, if you can prove that if she has enough financial support in court then the amount can get reduced 
Anwar Zaidi
Advocate, Mira Bhayandar
189 Answers

Not rated

Unless she's willing to settle this matter at reasonable terms, you need not give your consent for settlement.

Vibhanshu Srivastava
Advocate, Bangalore
5495 Answers
61 Consultations

4.9 on 5.0

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