How much can wife claim on home & maintainance
i am staying in thane with my mom. i lost my dad when i was 2.5 years old. mom was doing a job in school & got retired 4 years back. i am not having any siblings. i got married in nov 2013. till july' 2015 everything was fine. me, my wife and my mom were staying happily in rental home. i had booked 2bhk flat in 2012 under construction (before marriage & possession of which i got recently). my relatives helped me monetarily while taking a flat.
in july 2015, wife were to her parent's home for the delivery. blessed with a baby boy in aug' 2015. post delivery, behavior of my wife and her parents has got suddenly changed. her parents came to my home and did false allegation that me, my mom and my relatives (who stays separately and occasionally comes to my home & they helped me monetarily when i booked the flat) harass her mentally & physically. after that, 2-3 times i went to her home and tried to convince my wife but she (and her parents) used to insult us. after few days she demanded her jewelry, we gave it to her, then she started letter writing with full of false allegations for preparing the case of dowry, mental harassment etc. we replied her letter. then she came our home along with her relatives without intimation and demanded her entire luggage (clothes, certificates, medical reports etc etc). we gave it all to her. now we have filed a petition against Restitution for Conjugal Rights.
Now my questions are -
1) if she go in court for maintenance how much she can claim.? my salary is 40k
& she was doing a job before pregnancy, then she started working from home (was getting full salary i.e. Rs. 8.5k). Later she said that she would not getting maternity leaves extended so have to quit the job. So no idea of her current job status. Her qualification is B. Sc., DMLT & pursuing M.Sc.
2) if she goes for dirvorce , how much she can claim on my house property.?
i have flat ,that own by me (first name) & my mom (2nd name). Mom has got retired. current age of her is 62. currently i am paying house loan of 23 lacs & i am paying 22k EMI . so how can save my property from her?
3) also we have small home in thane on my mother name. currently given on rent. so can she claim on this property? can i transfer flat on my mother's name?
4) right now my wife is not living with us & she dont want my mother to stay with me even in thane. She wants me to sale my existing new flat and take a new one near to her parent's home. I dont wanna leave my mom & thana. We are still ready to accept her if she comes back without her conditions. but she is not ready for the same.
what we can do legally to safeguard ourself from her false allegation? If unfortunately matter goes till divorce (if she stays stubborn), then how i can minimize the amount of maintenance for my wife?
5) i am payable around rs. 15L to my relatives who have helped me financially while taking a flat. on periodically basis i have to pay certain amount to them. will that amount would get considered when (& if) maintenance to wife comes into the picture.