Investment for establishing wife profession
My wife has filed false 498a, 506 against me and my mother and father in February 2016.
After 20 days of FIR itself she filed (1)crpc 125 and also (2) claimes maintainance under pwdva .
She is a dentist and i have already established her clinic in a private hospital by spending hugely my self. All payment about 11 lakhs is given by me via checks to purchase dental chair, X-Ray machine and other medical equipments and medicines. The amount was arranged by taking 4 lakh from my father and rest by breaking my mutual funds.
Can i claim above investment(partialy or fully), and if yes ,then how?
Asked in Family Law from Ujjain, Madhya Pradesh
1) your wife is not entitled to any maintenance as she is working and is well qualified
2) you have not given Rs 11 lakhs to your wife as loan
3) if it had been given as loan you could have claimed said amount
You cannot claim the amount that you had spent as it was spent by you with free consent, but you can contest her maintenance claim on the ground that she is self employed and hence disqualified to claim maintenance.
The expenses you undertook during the time of cordiality with your wife was done in a good intention and without expecting anything in return hence there is no question of any agreement between you and her, this clearly indicates that you have not done these things expecting anything in return to your funding, therefore she is not legally bound to return your amount spent on such expenses. However you can prove before court while arguing against her 498a case that you never intended to ask dowry from her anytime in the past or in the present since you were able to establish a clinic itself on her name.
This will help you defend your stand agaisnt the false case filed by her.
For the maintenance case, you can repudiate her claim stating that she is having a good income through her profession hence not eligible for the claim.
In this age when both husband and wife earns and equally takes part in marriage life finances needs. And beacause of this moral i have helped by spending hugely to establishe her clinic. Now she is claiming maintainance from me for her and my 3 year old son and she is not taking herself any financial responsibility toward my son and me. Now my point is that the financial responsibility should be equal on both.
Since this investment done by me is a crucial part on which our marriage life financial needs depends.
Now if tommorrow we got divorce then then this investment of mine is just waisted.
In USA there is a provision of "community property of husband and wife".All the assets acquired during the marriage are considered "community property". Marital property in community property states are owned by both spouses equally (50/50). This marital property includes earnings, all property bought with those earnings, and all debts, accrued during the marriage. Community property begins at the marriage and ends when the couple physically separates with the intention of not continuing the marriage. So, any earnings or debts originating after this time will be separate property.
Is there any similar law in india to claim my share before and after divorce?
Asked 11 months ago
US law and US culture, rituals customs are totally different to that of the Indian side, hence do not go for comparison.
Our law do not permit you to claim the same which have been done by you voluntarily and on the basis of love and affection towards her then.
This is nothing but an irrevocable gift to her by you.
However this may help you to repudiate her maintenance claim.
Since she is highly qualified professional and has an independent income of her own, she will not become eligible for maintenance, there are plenty of settled laws/judgments in this regard denying maintenance to the undeserving wives.
1?) wife is not entitled to maintenance as she is working
2) if both are working both have to shoulder responsibility towards child equally
3) there is no provision for community property in india
4) you cannot claim any share in assets acquired by your wife during marriage
In so far as maintenance of son is concerned it is the joint responsibility of both parents, but you can successfully contest the claim of your wife if you can prove that she is earning on her own. This is India where you are governed by the Indian law, so the US law is not to be considered.