Can my wife claim property and maintenance after divorce?
Hi, I got married in June 2024, but my wife left our home in September 2024 and is now staying with her father. She isn't interested in filing for a mutual divorce, and I suspect she planned this before our marriage to claim property, settlement, and maintenance from me. The house is solely owned by me, with all down payments and EMIs paid from my account, and I have bank statements to prove it. In case of a divorce, can my wife claim part of the property? If yes, how can I protect my house, which is the only property where my retired parents will live? My salary is approximately 2 lakh. Additionally, how much maintenance can my wife demand after the divorce, considering we have no children? She has also filed a false complaint against me at the police station. Note that I am willing to take another loan to clear the home loan, and there are no children involved. My wife left within three months of our marriage and seems primarily interested in the property and maintenance.
Dear Client, Wife has the right to claim the property if it is self-acquired by the husband, by attaching your assets and liabilities during the filing of case in the family court. However, if the intentions of your wife is proved in the court of law, then your property can be protected her claims for maintenance and property will be set aside and she will be liable for punishment and fine for misusing the law against the husband and the relatives and making false accusations against you. Hope you find this answer satisfactory.
Yes, in India, a divorced wife can claim maintenance from her husband if she has not remarried and is unable to support herself financially.
Sir, if your wife is unwilling to file for mutual consent divorce then you may need to file for a contested divorce and in India, the maintenance amount is typically determined based on the husband’s income and the wife’s needs. It is advised to consult an expert lawyer who will assist you regarding property ownership. For further legal assistance contact us on our helpline number.
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