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Wife threatening. Left home and 2 kids. Can she claim part of property


09-Oct-2023 (In Divorce Law)

Wife and her family threatening me with false case of beating against me. She left home and kids are with me. She wants divorce and I always try to patch up bcoz of kids. Now it is enough. I have property flat in my name and taken loan also. Kids age 4.5 years and 2.5 years. I am working and earning approx 40k. Can she claim part from property? What about kids? Your help would be highly appreciated.

Answers (2)

Answer #1
514 votes
She can claim maintenance from you and yes part property also taking the age of the children that is less than 5yrs the mother has right for custody as well. But as it seems she has other interests and if you can provide evidence regarding her different motive and disinterest in keeping the family together than court shall not give her the assets and you might will custody as well.
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Answer #2
914 votes
You will need to file for anticipatory bail if you feel that she will file a false case against you. This will protect you in the event of arrest. On the issue of maintenance and alimony, yes she is entitled to the same. Why don't you approach a lawyer and have him mediate the dispute so that you can file for divorce by mutual consent. This is a fast process that takes about 6 months to conclude. The terms of settlement can be decided by the parties themselves.
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