Property, maintenance and alimony Property, maintenance and alimony

2 years ago

We are lovers. But lots of conflicts going on in our life. That's why my father told my boyfriend to buy a house for me before marriage. I have a doubt if in future after marriage divorce happens, could he take the house which is bought with his hard earned money? Will he give any maintenance charges monthly.

Kishan Dutt Kalaskar

Responded 2 years ago

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A.Dear Madam,
You can take release deed or Gift Deed or Sale Deed in your name and marry that guy and continue marital life and thus retain the property for yourself forever. You can get further advise from local advocate.

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Abhimanyu Shandilya

Responded 2 years ago

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A.If the house is bought in your name then whatever happens he cannot take away the house even after the divorce or whatever. He will have to pay the maintenance whether he remains in marriage or not and there are strong legal provisions favouring women.
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Pardeep Kumar Dhiman Dhiman

Responded 2 years ago

A.Agar house ko aap ka premi aap ke naam karata hai tab aap malik honge.agar vo apne naam karata hai tab vah malik hoga. Divorce ke baad aap property me koi claim nhi kar sakte hai. Sirf aap ek must bharan poshan prapt kar sakte hai. Apne jivan yaapan ke liye.
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Anik

Responded 2 years ago

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A.Hi,
He can prove in court that he has given the money for buying the house by providing relevant documents. Considering the facts of the case and the intention of the parties, court will make a judgement. Legal provisions concerning the order for maintenance of wives and children come under section 125 of the Code of Criminal Procedure, 1973. As per Section 125(l) (a) of the Code , if any person having adequate resources neglects or refuses to maintain his wife who’s unable to maintain herself, then a Magistrate of the first class upon proof, can order such person to make a fixed monthly allowance for the maintenance of his ex-wife. The maintenance has to be determined in accordance to the living standards of the person concerned which she enjoyed at the place of her husband.
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Ayantika Mondal @ Prime Legal

Responded 2 years ago

A.Hi,
If he pays the consideration for that property, he can easily prove that in the court. Maintenance is one of the consequences of divorce and is an entitlement of divorced woman. It empowers them financially and helps her live a decent life even after the divorce. The amount of maintenance is evaluated by the respective courts in the context of presented facts, grounds and evidence and thus, varies from case to case. If you are financially sound than your husband, you can't claim for maintenance from him.
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