MyNation Foundation Forum » Advice » Divorce

help required for divorce/prepartion against false calses

(20 posts)
  • Started 4 years ago by pnegi777
  • Latest reply from Dr.Dsouza
  1. pnegi777
    Member

    Dear Sir,

    Can my wife claim a share in my property ( some of them are commercial and also i own a residential share in the same house where i stay together with my parents )
    Also my wife is pregnant ( Despite she has run along with her parents carrying all the gold articles)

    Keeping in mind :

    The current laws, by laws, maintaince, child, divorce( mutual or contested ) whatever laws are there, As i want to save my hard earned property
    from the so called wife who have bring us tons of ill- name.( Also the hope of mutual divorce is bleak )

    1. Whether transferring the above properties in my father's name will be a good option.

    2. whether i should make a will( do tell me if registration is mandatory ), stating all the things to my parents name and after them to some charitable institution.

    Posted 4 years ago #
  2. Dr.Dsouza
    Member

    She can claim her share of Property as final settlement of Divorce.
    she can occupy your home and ask for resident under DV, or restrain you from entering it.
    She can claim her percentage from your commercial property income. too.

    so it is better to make property rights in Mothers name.

    Posted 4 years ago #
  3. pnegi777
    Member

    Dear Sir,

    It was an arranged marriage. Before the marriage, When we went to Dehradun to meet them. My wife’s father offered to gave a car. My family refused saying that We already have a car( also we do not want anything apart from their daughter ) and if they so desire, they can make a fixed deposit in kids( mine and wife) name and as and when the kids require, they can use it.

    A fixed deposit of two lakh rupees was made by wife’s father in her name only in state bank of India, Dehradun.
    Also, before the marriage, my wife’s father transferred fifty thousand rupees to my father’s account asking us to buy few things for kids ( mine and wife ). My family bought a fridge, double bed, dressing table. Next time, When we went to Dehradun, my family gave them the bills of the above articles. However, my wife’s father didn’t took it.
    The marriage took place in Oct.2011. Around Jan.2012, I decided to buy a under construction commercial shop in gurgaon. The price was around sixteen lakh. I showed the project details to my wife and asked her if we can use the amount from her fixed deposit. Upon wife’s and her family consent, I transferred her bank account to delhi and transferred two lakh rupees to my father’s account.
    The amount was clubbed together with the total amount paid to developer .
    Now after that, as the months passed by , my wife and her family start to show their true colours.
    At the end of it, she took off from our home carrying all the gold (given by us to her and given by them to me and her ) and run away with her parents to dehradun. (Despite the fact that she was three months pregnant and was given proper medical attention from our end).
    My query is this:
    1. I am getting worried about my family’s getting entangled in false cases.
    2. Since both the transfer’s have been made to my father’s account, how can I safeguard us on this point. Whether transferring the entire amount(Rs.2,50,000)to her bank account would do it or should I wait. Considering that she has took a hefty amount of our gold articles from our house. We don’t have any communication after that incident.
    I am planning to write a letter to her saying that we want to transfer the above mentioned amount back to her/her father's account,(As this amount was taken as a loan ). Would It safe guard our family and prevent her from declaring that amount as dowry.

    Posted 4 years ago #
  4. Dr.Dsouza
    Member

    As you are ready pay back the money they gave.
    why dont you file dowry case on them.
    under DP3, Giving dowry is crime equal to taking it.

    file dowry case before they file on you. and you have a proof.

    Posted 4 years ago #
  5. pnegi777
    Member

    Respected Sir,

    I have shared the above problems with a lawyer,
    He has suggested me to draft letter's and send to :
    1. NCW
    2. NHRC
    3. CHIEF JUSTICE OF INDIA
    4. COMMISSIONER OF POLICE ( FROM GIRL'S SIDE, IN THIS CASE IT IS DEHRADUN, I AM FROM DELHI )

    He has suggested to send these letter's through a lawyer( it will have more impact and in legal language ) and it will be helpful in safeguarding us once the false accusations come from the girl's side.
    Also, the letter will cover all the details and for information sake for the above departments, in case false things comes up.

    Kindly help me, If it will be a right step and whether police or other dept. will start disturbing us after these letters.

    Posted 4 years ago #
  6. Dr.Dsouza
    Member

    writting to those ppl is total waste;
    you can file case directly in court with another supporting case.
    whos case was taken under DP3, With direction to police to book them for giving dowry.

    if you want petition copy mail to admin @ mynation.net

    Posted 4 years ago #
  7. pnegi777
    Member

    Dear Sir,

    Kindly advice on the following :

    1.Kindly provide the Performa of gift article's list to be maintained after marriage, which is signed by both boy and girl.

    2. The wife's side is preparing to bring her back to my house. I am apprehensive as we did not have any communication for the past six months. Secondly, the girl is still putting all short of false allegation's on us. All this we have come to know through our relative's living near her place. I do not want her to come back, as she is coming back back with more dark thought's. How to avoid this situation as legally I cannot stop her from entering our home.

    Posted 4 years ago #
  8. Dr.Dsouza
    Member

    IF house is in your parents name, she cannt barge into it and occupy. unless its in your name. your parents have right to kick her out of their house.

    there are no rules to maintain list after marriage, its at the time of prenups, or at the time of marriage

    like this
    http://mynation.net/docs/sample-prenup/
    http://mynation.net/docs/prenup-sample/

    Posted 4 years ago #

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