Legal Question in Family Law in

husband does not want divore but wife is insisting.a house in which they are living is on the name of both of them.they hv 2 kids i.e 10 yrs & 5 yrs old.also a firm is running under the proprietorship of wife.this position is due to love & affection.now the relation has been soured.what is the status of abv properties?


Asked on 9/06/10, 11:59 am

2 Answers from Attorneys

Vishwa Arya Arya & Co.

normally one is owner if the title is in her name. But here benami prohibition may not apply because of husband and wife. One has to go into the details of facts. If husband does not want the divorce, and since the kids are too young to face the trauma of seperation of their parents, it is better if an amicable solution is found out to save the marriage. The suffering of kids must be seen and neither spouse has the right to deprive the children of love and care of the other spouse. One may have very good reasons for the seperation, but the sake and concern of children must be looked into rather than property being the deciding factor.

this is merely an opinion. choice is yours.

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Answered on 9/06/10, 12:23 pm
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

wife cannot claim the ownership or co ownership of the property as of right but she can claim the residence orders under DV Act. regarding proprietorship, this would continue despite sour relation in case it is the wife who is working for the firm. better patch up for the sake of kids.

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Answered on 9/07/10, 12:07 am


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