Property settlement- divorce
3 months ago
Good evening….
Quick question: is a fixed deposit that matured 9 months before divorce a matrimonial asset. There is NO evidence that it exists at the date of divorce or even the date of property claim. She simply put the details in her submission.
Thanks
A.Dear client,
Kindly mention your question. And clarify what exactly is your query?
I need more details regarding you divorce such as whether it is completed or not ? If not then what stage it is in ?
As a wife, she has equal rights over all the assets and properties you own and she can claim the same. You need to prove that either you don’t own them or you have so much liabilities that you can not give her all those. Rest is courts discretion.
Thanks and Regards
Kindly mention your question. And clarify what exactly is your query?
I need more details regarding you divorce such as whether it is completed or not ? If not then what stage it is in ?
As a wife, she has equal rights over all the assets and properties you own and she can claim the same. You need to prove that either you don’t own them or you have so much liabilities that you can not give her all those. Rest is courts discretion.
Thanks and Regards
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A.Dear Client,
Although your query requires more details to address suitably, it may be noted that the law says any investments made in the name of the woman will be a part of her personal wealth in the event of divorce. Even gifts received by the woman at the time of marriage and during the time she remains married are her property. This is known as Stree Dhan. If the matter is now sub-judice before the Court, let the matter be decided by the Hon'ble Court.
Although your query requires more details to address suitably, it may be noted that the law says any investments made in the name of the woman will be a part of her personal wealth in the event of divorce. Even gifts received by the woman at the time of marriage and during the time she remains married are her property. This is known as Stree Dhan. If the matter is now sub-judice before the Court, let the matter be decided by the Hon'ble Court.
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A.Dear client,
If the FD was of joint asset, you may be subjected to pay her back her shares to the money saved. The property will be divided based on the length of the marriage, financial contributions and needs of the parties. As per the divorce act, 1869 a wife is entitled to seek alimony from the husband to maintain herself. The same is applicable even when she initiates the divorce. Furthermore, as per section 125 of CrPC, she can file in a magistrate directing you to pay her maintenance. Maintenance is the amount payable for her livelihood and other expenses if she was dependent on you during the marriage.
Thank you
If the FD was of joint asset, you may be subjected to pay her back her shares to the money saved. The property will be divided based on the length of the marriage, financial contributions and needs of the parties. As per the divorce act, 1869 a wife is entitled to seek alimony from the husband to maintain herself. The same is applicable even when she initiates the divorce. Furthermore, as per section 125 of CrPC, she can file in a magistrate directing you to pay her maintenance. Maintenance is the amount payable for her livelihood and other expenses if she was dependent on you during the marriage.
Thank you
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A.Dear client,
I am not clear with the fact that whether the divorce is granted or not. I need more details about your divorce matter. That whether it was a mutual one or a contested one. At times if the assets and liabilities are being submitted before the court, upon the circumstances it would be the discretionary power of the Honorable judge to decide the same. Still provide more details for better clarification.
Regards.
I am not clear with the fact that whether the divorce is granted or not. I need more details about your divorce matter. That whether it was a mutual one or a contested one. At times if the assets and liabilities are being submitted before the court, upon the circumstances it would be the discretionary power of the Honorable judge to decide the same. Still provide more details for better clarification.
Regards.
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