In divorce case wife can claim how much n court can give her which....
23-Jan-2025 (In Divorce Law)
I have disputes with wife our relatives are taking meeting now but I have feeling that this matter will go to court in future...so I am govt employee with 56 k inhand salary n wife is unemployed with MA arts n 2yrs one child..
I want ask which property will be claimed by my wife in court ..n me n wife lived just 6 months together n then 2 yrs separate til now
1)I have 10 acres ancestral property jointly named on mother brother n sisters n me total 5 people
2) 2 acre purchased jointly by me n m
Your wife can seek maintenance under Section 125 CrPC or personal laws and claim residence rights under the Domestic Violence Act. However, ancestral property not in your sole name is generally not claimable. For jointly purchased property, the court may examine her contribution and rights during divorce proceedings. You may also safeguard property by proving it’s jointly owned with others.
Dear Client based on your query the court may consider the jointly purchased upon suggested property regarding division, while the ancestral property may not be claimed by the wife as it is jointly named with other family members, also to ease the matter we can help you regard the process and in legal ways for which you can connect with us.
Dear client based on your question,
Under Indian Law , your wife cannot claim a share of his property as it is jointly owned and not self acquired by you .
But the jointly owned property by you and your wife can be a serious scenario here so , for further detailed information you should contact us for legal help .
In case the matter proceeds to court, your wife's claims will primarily relate to maintenance, child support, and her right to residence or shelter under various laws. Let me address your concerns regarding property:
Ancestral Property (10 acres): Since this property is jointly owned by you, your mother, brother, and sisters, it is considered ancestral and cannot be claimed directly by your wife. However, the court may assess your income or share in the property to calculate maintenance if needed.
Purchased Property (2 acres): The jointly purchased property by you and another person will also not be transferred directly to your wife. However, the court may consider your financial interest in it when deciding maintenance or child support.
As a government employee with a salary of ₹56,000, you are obligated to provide maintenance to your wife (since she is unemployed) and your child under Section 125 CrPC or other applicable laws. The quantum will depend on factors like your income, her financial needs, and your living expenses.
It is advisable to attempt a settlement during family meetings to avoid prolonged litigation. For court matters, I will assist you in protecting your rights while fulfilling your responsibilities.
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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