Legal Question in Family Law in India
Divorce settlement-Please help.
My ex- had invested in a prime property in Mumbai while we were still together without my knowledge. I was a homemaker and we have a son together. We have been seperated for last 4 years during which inspite of making over �100K per year(he works in Europe,I am in India) my ex has not paid a penny in maintenance. I got a job and was paying for everything and also fees for my lawyer since we were in courts for divorce.Now the thing is I have lost my job and want to settle .So I guess I want to know if I can claim a share of that property as it would be a part of our joint possesions technically.Also what is a standard procedure to negotiate an out of court deal..I have no one to guide me and my ex is known to bribe people to get things moving the way he wants.
Any guidance will be greatly appreciated.
9 Answers from Attorneys
Re: Divorce settlement-Please help.
File DVA and get possession of that property. Out of court needs a thorough guidence.
You may send us your detail our legal associates can easily tackle this situation.
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Re: Divorce settlement-Please help.
(1) You are entitled to maintenance as per his "standard of living";
(2) The maintenance amount ordered by the court, if any, may be a charge against the property.
(3) You may claim "permanent alimony" as one time settlement of maintenance amount for you and the child; and in the settlement you may negotiate your share in the property you mentioned.
Re: Divorce settlement-Please help.
yes if u havent claim the maintainence u can claim now u and ur son has the right to livbe at par with that of yr husband's standard of living showing the property lying in the name of the your husband u can claim the property for your and ur son's use if your husband has property in his name and definately if it is more than one flatlog on to www.angelfire.com/folk/indianlaws and see the women cell addressess in Mumbai best of luck
Re: Divorce settlement-Please help.
yes if u havent claim the maintainence u can claim now u and ur son has the right to livbe at par with that of yr husband's standard of living showing the property lying in the name of the your husband u can claim the property for your and ur son's use if your husband has property in his name and definately if it is more than one flatlog on to www.angelfire.com/folk/indianlaws and see the women cell addressess in Mumbai best of luck
Re: Divorce settlement-Please help.
yes if u havent claim the maintainence u can claim now u and ur son has the right to livbe at par with that of yr husband's standard of living showing the property lying in the name of the your husband u can claim the property for your and ur son's use if your husband has property in his name and definately if it is more than one flatlog on to www.angelfire.com/folk/indianlaws and see the women cell addressess in Mumbai best of luck
Re: Divorce settlement-Please help.
yes if u havent claim the maintainence u can claim now u and ur son has the right to livbe at par with that of yr husband's standard of living showing the property lying in the name of the your husband u can claim the property for your and ur son's use if your husband has property in his name and definately if it is more than one flatlog on to www.angelfire.com/folk/indianlaws and see the women cell addressess in Mumbai best of luck
Re: Divorce settlement-Please help.
you can always claim the right to residence in the property of your husband in india. apart from that, have you filed a complaint for claiming maintenance from him for yourself and your son. in case you have not done that...do it right away and get the order executed on his properties in india. there is no set procedure for negotiating the permanent alimony and the only requirement is a trustworthy negotiator from your side to squeeze the maximum out of him for you and your son.
Re: Divorce settlement-Please help.
you can always claim the right to residence in the property of your husband in india. apart from that, have you filed a complaint for claiming maintenance from him for yourself and your son. in case you have not done that...do it right away and get the order executed on his properties in india. there is no set procedure for negotiating the permanent alimony and the only requirement is a trustworthy negotiator from your side to squeeze the maximum out of him for you and your son.
Re: Divorce settlement-Please help.
contact a local sr lawyer