• 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 9 months ago in Family Law from Hyderabad, Telangana
Religion: Hindu
1) it should be  your case that you have paid 25%of cost of car . you are willing to return the car if your contribution  made by you  is returned 

2) if wife refuses to listen to reason take 3 months time for return of car .

3) say that car would be returned at time of filing for divorce by mutual consent . 

4) it is in your interest to return the car as your wife is willing for MCD 

Ajay Sethi
Advocate, Mumbai
23195 Answers
1218 Consultations
5.0 on 5.0
The process of getting divorce decree through Mutual Consent Petition takes at least 6 -7 months. you can have written agreement about it at the time of filing the MCD Petition. and at the time of Final hearing you can hand over the possession of the car.  Its a matter of negotiation.
Sandeep Hegde
Advocate, Bangalore
361 Answers
97 Consultations
4.8 on 5.0
if you are contemplating going for a mutual consent divorce then the terms of granting of divorce must be determined, in that settlement kindly specify that your wife agrees to refund the sum of Rs.2.5 lakhs or a sum equivalent to the car you had earlier, if this is mutually agreed to then you can proceed to file the MCD.
speaking of rights, you have no rights whatsoever because the car stands registered in your wife name, indicating that she has paid the entire sum for its purchase. 
Now since the car is in your wife name but you are using it, she could file a complaint in which case you might have to forego using the car until the settlement comes through on filing of the MCD.
Kiran N. Murthy
Advocate, Bangalore
765 Answers
50 Consultations
5.0 on 5.0
1) you can take the stand that car would be given at time of second motion 

2) in the event wife is willing to return your 2.5 lakhs contributed by you then you have no objection to return the car at time of payment 

3) wife can file 498A case against you 
Ajay Sethi
Advocate, Mumbai
23195 Answers
1218 Consultations
5.0 on 5.0
1. The terms and conditions must be agreed upon before filing of the MCD, if they agree to repay the entire cash component paid by you then if you agree you can give your consent to file for MCD.
2. If wife is in a hurry for a settlement then and she refuses to give back your money and yet wants your consent for filing of MCD, she will file this complaint only coerce you to accept her terms and conditions of settlement.
Kiran N. Murthy
Advocate, Bangalore
765 Answers
50 Consultations
5.0 on 5.0
The exchange of things and paying price for it is matter of negotiation. there is no fixed law on that. 

If she is vindictive about you, she would have file dowry case against you and made all sorts of allegations even if its true or false. 

So I, advice you to talk to her and take time to hand over the vehicle.  Also agree to record the conditions at the time of filing the MCD Petition. While drafting/signing the MCD petition, please be careful. You should not make any admissions, which may be used against you in the future. Take legal advice proper legal advice and get it vetted by your Advocate.
Sandeep Hegde
Advocate, Bangalore
361 Answers
97 Consultations
4.8 on 5.0
if both of you are ready for MCD then first of all execute a MOU with her and mentioned all the terms and conditions in your MOU regarding all issues and after the execution both of you will be bound by that MOU.



Feel free to Call
Nadeem Qureshi
Advocate, New Delhi
3523 Answers
130 Consultations
4.9 on 5.0
Hi 
buy more time by agreeing to  a date before the second motion. 
you will get the entire money you invested. 
Rajgopalan Sripathi
Advocate, Hyderabad
868 Answers
43 Consultations
5.0 on 5.0
Hi, First refer the matter to the mediation and their discuss the issue and settle the matter amicably.

2. Here the amicably settlement is the best solution.If you go for legally you can't prove anything because the car is in her name she can take back her car at any time and rest of the things you narrated are all oral understandings.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
1. You have no right to retain the car the RC of which is registered in your wife's name. If you do not return it a FIR for theft may be filed against you. Unless there is a written agreement between you and your wife where she has agreed to buy you a similar model or refund the contribution made by you towards the purchase of car you cannot make her liable.

2. More time can be granted only by your wife. 
Ashish Davessar
Advocate, Jaipur
18088 Answers
448 Consultations
5.0 on 5.0
CAW cell is authorised only for conciliation between spouse. It cannot take custody of vehicle. When more than one person invested money in an article it cannot be separated from other without his consent. She has to file regular suit or make application before family court  if any matrimonial proceeding is pending. 
Shivendra Pratap Singh
Advocate, Lucknow
2737 Answers
41 Consultations
4.9 on 5.0
Many people have different problems in the matrimonial disputes whereas you have the problem in returning the vehicle which is actually on her name.
Legally you cannot fight for your rights when the vehicle is not in your name and there is no evidence for having co-financed for the purchase of vehicle because in such case the vehicle can be registered on the joint names.
You can place an oral demand for return of your contribution in the purchase of this vehicle in return of the vehicle to her.  No doubt she in not obliged to accept your condition and you cannot enforce the same legally but in the pretext you can delay the return to the desired extent of period.
T Kalaiselvan
Advocate, Vellore
13985 Answers
127 Consultations
5.0 on 5.0
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?

You can seek an extension during the second motion on this or any other ground also.



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)


She can give a complaint under section 406 IPC  but you can also place your demand when the police nis pressurising on the complaint.  Infact the evidences in your possession may help you justify your claim and you may get a situation favorable to you.

T Kalaiselvan
Advocate, Vellore
13985 Answers
127 Consultations
5.0 on 5.0

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