Legal Question in Family Law in India

I am getting divorced. i have purchased a flat out of my earnings, which is not known to my wife. when my divorce matter comes to court, will my wife gets share in the flat which i acquired exclusively out of my salary earnings. further if the court awards maintence, what portion of my salary will be payable to her. Is it based on my gross salary or on net salary (after removing all my EMI, outside loans and my personal expenditures). Please advice.


Asked on 9/11/10, 9:24 am

1 Answer from Attorneys

RAJIV GUPTA (Cell: +91 9811284735) [email protected]

she does not have any right in the flat unless she paid the EMIs. it is based upon the salary that you get in hand. however, it depends upon the judge whether to include EMIs while awarding maintenance.

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Answered on 9/12/10, 11:16 pm


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