Issue of dividing car bought in wife's name during divorce
Dear Learned Advocates,
1) I was owning a sedan car prior to my marriage, after a year into the marriage ,my in laws wanted to gift me a car, after much persuasion I agreed to it but put a condition that it will be in wife name.
2) Meanwhile I sold my existing car and paid the proceeds towards the purchase of the new car, while my inlaws paid the rest. (My contribution - 2.5 lakhs, in laws contribution - 7.5 lakhs).
3) Now my wife is insisting on a MCD to which I have agreed and she is insisting on returning the vehicle in the CAW cell which I am currently using. No written confirmation has been given by me and its all oral.
4) Can someone please guide me what my rights are in this case? I have agreed to return the vehicle but have asked that they give me back a similar model or make which I was owning earlier. or can they avoid giving me anything?? Please help
5) Will I be in any trouble if I keep driving the car which is in her name? In the case I don't have any option but to return the vehicle, how can I delay the return since I would need some time (3-4 months) to buy or arrange a new vehicle.
Asked 8 years ago in Family Law
Religion: Hindu
Dear Sir,
1) Can I buy more time by agreeing to a date before the second motion? The ratio which you mentioned above will be as per the current market rate of the vehicle? or can I get the entire amount paid at that time?
2) If wife is not willing to wait, can she take any vindictive steps pertaining to this issue? (maybe like giving a police complain saying I have forcibly taken away the car? (we live separately within 5 minutes distance)
Asked 8 years ago