I'm a non resident Indian (NRI) and am splitting with my wife. We've been married since 2004. I'm the sole earner in the family and she has no contribution whatsoever. With my own earnings I've bought a flat in India and have some other assets. My question is that if we file a divorce then will I have to give anything from my individual assets?
2007-07-29 15:20:32 · 6 answers · asked by Anonymous in Family & Relationships ➔ Marriage & Divorce
Any self acquired property by an individual is his or her own sole property over which only he or she has legal right to use, dispose or alienate as he or she wish to do so, no one else has any legal right or claim over any such property unless the claimant has some evidence to prove his or her interest in the property by way of his or her contribution in purchase of such property by the named owner in the property. In your case you have only mentioned that you are a NRI splitting from your wife but have neither mentioned your religion, place of marriage, form of marriage nor where you both are now residing & getting the marriage dissolved according to which enactment. If you happen to be Hindu by religion, married to Hindu form of marriage in India & even if you now both are not residing in India but in some foreign country & getting the said marriage dissolved according to the prevalent matrimonial & divorce law applicable to the foreign like you in that country even in that case the sharing of the property which was a part of the community between both of you or which was held in both your names can only be split & each gets his or her share out of which either equally or in the proportion you both contributed for its purchase, but any property held & owned by either of you in your individual name will not be split or divided amongst both in any case. Hence your wife gets nothing from your self owned property but definitely she can claim sufficient alimony from you & the value of this property can be in consideration while assessing your income, ability to earn & presently owned assets while fixing the alimony to be paid to her at the time of passing the decree of divorce.
2007-07-29 17:03:06 · answer #1 · answered by vijay m Indian Lawyer 7 · 5⤊ 1⤋
Dude You are in for Trouble!! These Days a lot of Money sucking Vamps - Indian Ladies snare NRIs to suck blood money from their Victims and their folks for selfish vested financial interests of her and her folks and ensure to extort enough money for their familys safe life for the next 2 generations and for a secured life with the ladys prince - by misusing laws like 498a and DV.
If the property was purchased without any money from your wife dispose it ASAP!! If the property is not partly owned or she has no proof investing her part - you still stand a chance.
File RCR and prove that she is leaving you for firvilious reasons and not that you are leaving her.
Get your folks to disown you (only legally) and get them to file for maintainence - this would decrease the money that you would need to pay her as maintenance and alomony.
Check the below links - get in touch with the nearest chapter.
2007-07-29 17:26:34 · answer #2 · answered by Anonymous · 0⤊ 0⤋
She is your wife: In a family, you cannot earn independently without her help(if the property is earned after you married her). if there is no other dependents you have to provide 50% ot the total assets to her:
2007-07-29 16:18:14 · answer #3 · answered by ar.samy 6 · 0⤊ 0⤋
sources branch in a divorce isn't per why you're divorcing yet somewhat what each and every of you introduced into the marriage and what you obtained in the process the marriage.The length of the marriage is a element in basic terms in that there will be extra stuff to divide up from the marriage then stuff introduced into the marriage/
2016-12-11 04:42:16 · answer #4 · answered by ? 4 · 0⤊ 0⤋
3 over years of marriage and you are letting it go.!!!!!!!!
you should be thinking of saving young marriage not about landed property division . MY GOD!
you are out of motherland does that give you the right to forget our values
unless Ono's spouse is a rogue don't think about divorce
consult good counsellor
known devil is better
think twice before you break up for haven sake
2007-07-29 16:28:17 · answer #5 · answered by sharada s 2 · 0⤊ 1⤋
thats depends on on what reason you are divorcing her.
anyway its your mistake you are BORN in india, as indias laws are totally biased aginst men.
Even if you caught her red handed with her lover indian law force you to pay her.
thats it.
2007-07-29 21:38:38 · answer #6 · answered by 498A_Crusader 3 · 1⤊ 1⤋