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Wife's claim in joint account on divorce


01-Feb-2023 (In Divorce Law)
1. My wife and I born and married (1988) and 1 daughter (1996, working, not married) born in Kolkata. Hindu 2. All migrated to Australia (1996). All Australian Passports, and PAN no, Aadhaar. My daughter is not married 3. Wife, daughter working in Australia 4. I worked overseas since 2007, retired (2018 at 60yrs). Now in Australia. 5. Send from my salary to 4 NRE banks (SBI, UBI, HDFC, Axis) in India for Fixed deposits 6.100% monies in all banks from my salary. Wife’s contribution 0% 7. SBI, UBI Bank FD (joint name w/ wife, either of survivor) 8. Axix Bank FD (joint name w/ daughter, either of survivor) 9. HDFC Bank FD (my single name) 10. Wife applied divorce in Australia for property settlement for all our assets in India and Australia. Query: 1. Whether to file divorce suit in India for only Indian or both (Indian and Aus) asset for property settlement? 2. In Indian law for settlement, how much wife will get from SBI and UBI deposits (i contributed 100%) but joint account
Answers (2)

Answer #1
824 votes
you can file the divorce in India & it has got nothing to do with your across the state property. For settlement both the parties are to be present in India. In joint property it depends on contribution with all authentic documents
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Answer #2
563 votes
Sir

I read your message and giving you this suggestion superficially as because I am not going through with all the relevant fact documents and other needful objects
Firstly you haven’t clear in which country you and your wife tie in marriage
Secondly present nationality of both of you
Thirdly income tax return of both of you
And many other facts

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