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Is it possible to pre-empt wife from husband's property


26-Jul-2023 (In Divorce Law)
planning to divorce my wife who will contest it and may claim share in property. can i pre-empting the same , transfer substantial share of my property to brothers so that that property can not be claimed by her. Also have a child of 3.5 years boy-should i wait till her turns 5 to claim custody and what are my chances of getting custody then
Answers (2)

Answer #1
506 votes
It is true that you can not claim custody of your child before 2.5 years as the mother is regarded as the natural guardian till then. After that you can ask for custody of yiyr child althougt it is also difficult to get custody before 5 years as referred in one of the Supreme Court judgements. As far as share in your property is concerned, your wife can't claim the same from you. The remedy available with her is of maintenance and residential right.
Answer #2
982 votes
sir,
fairly telling your wife have full right in your in property
for a fair move you can you can transfer share of your self acquired earned property only to your brother if you are planning for divorce and do not want to give any share of your property to your wife.
your wife can claim in your inheritance property.

generally court give the custody of child to mother but if you contest and claim for the custody than it is a separate issue.

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