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Don't want to give share of my money to wife and son due to dispute.


30-Jun-2023 (In Divorce Law)
My uncle is badly torchured both physically and mentally by his wife and son throughout his life and due to their bad behaviour he is not staying with his family for last one year. In past he has filed divorce once but it was not accepted by his wife. His son is now 26 year old and not earning. My uncle is about to get retired on December 2021. Presently, he is staying in his paternal home and his family is staying in his company accomodation. "Now, the matter is he don't want to give any share of his savings and retirement benefits to his son and wife. "Please provide any way out for this". "Also, whether he can donate his entire money to any of his family member or friend for getting rid of his wife and son?"
Answers (4)

Answer #1
607 votes
Divorce is not only about acceptance. if the ground of divorce is satisfied then court would grant divorce irrespective of the fact if the other spouce wants it or not unless it's a mutual divorce. now coming to monetary benefits the uncle is eligible to dispose off his property in any manner he wants provided he do not deprive his wife of her legitimate right to of maintenance. within this short limitation the uncle can do anything and everything with his retirement benefits.
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Advocate Tanmoy Chattopadhyay

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Answer #2
836 votes
To answer your question step-wise- 1. yes, he can donate or make a will to disburse his property to someone else. my suggestion will be to make a will instead of giftiing the property. in that way his property will be distributed according to his will afyer his death. 2. although he is not bound to give share in his property to his married wife and son, however if the wife demands maintenance and file a case to that effect he is bound to provide the same to her as per courts order.
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Advocate Tathagata Sarkar

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Answer #3
959 votes
no he is only bound to listen if there is a court order, recently calcutta high court has passed an order when the son has been asked to leave the property and money and make his own and if the father has written any property in his name it can be returned through court there is nothing to worry about as remedy is there and it can be dealt with
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Advocate Aveek Bose

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Answer #4
840 votes
Hello, I am sad to know your situation. Well in this matter a few cases can be lodged against him which includes Domestic Violence cases and 498A Cases. This will guarantee a maintenance and also guarantee the protection of the victims. I hope this helps. Regards, Shayan
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Advocate Shayan Sachin Basu

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