August 1, 2010
Buying a house in between divorce?
By Planet Wealth
I want to buy a house and my concern is i have not done any property settlement with my ex-wife(divorce granted recently). A case of 498a is still on in India against me n my family.
So, if i go and buy a house by full finance from a bank, would this be safe to avoid inclusion of this house in property settlement at later stage? can she come back asking the share in house after couple of years?
She has already included the property that we had in her case in India.
Any advice on how to proceed ahead with buying a house and stop renting?
Mr Vijay,
This will be my first house and not investment property, and i have not hidden my income level from her or anyone else as you can’t if you are working on a fixed salary and Govt has the information when you pay taxes.
My thinking was to buy in my capabilities to repay the loan which would be same as my monthly rent.
But i respect your advice on not to start new distress when there is already one.
So if a ex wife is married again, is this safe then?
Also, no alimony is paid yet as she is earning as well, and why even to pay any alimony if she is a equal partner in earning and expenses and can earn her livelihood?
By your comment looks like husband are no more then a chicken ready to be chopped off by their ex wives after divorce.
How many cases go against grooms family under 498a? i have rarely heard of this and definatley not in cases like mine. I do know about the waiting period in these cases.
Topics: renting shares | 1 Comment »
One Response to “Buying a house in between divorce?”
Comments
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August 1st, 2010 at 5:36 am
Firstly all such wives or ex-wives who are out & out to give distress to their husbands will certainly bring each & every thing where your name appears whether that property belongs to you or not. Such ladies will be including all such matters where you are involved directly or indirectly & try to bring the height of cruelty you committed by doing that act even if it was buying a new property after your divorce, thus hiding your real income from her & the court while the settlement of issue of Alimony/permanent maintenance. But now showing the right income to the bank from where you got such a huge loan for buying a new immovable property when already you had one property where she needs shares or permission to live even after the decree of divorce passed but since she has no place to live it is the responsibility of husband to provide it as per the Domestic Violence Act. Since you avoided paying her right or actual Alimony/Permanent maintenance which she had right to claim from you, just by stating your inability & very small amount of income/salary, but now brought a immovable property with the help of bank loan, the amount of loan which you will be paying from your income/salary. The very fact you failed to provide her due right to get right Alimony but brought a property for no genuine reasons as you already had one property at your disposal even if that was shared with your other relatives. All such acts show how much mean & cruel you can be & so you must share the newly bought immovable property with her, she should be allowed to live there till she gets remarried or has her own any such accommodation (that will never be so, but you can buy her any such immovable property in future for which she will not have any objection. What ever I have stated above will be part of future applications/petitions that may come in you way. Its very simple no lawyer will allow his or her client not getting a part of property of her husband whether she has any right on it or not, but what’s the harm in filling or raising any such issue in the court cases already filled or by filling a new case. Avoid buying any property till all you court cases are well settled & she has settled down by getting remarried or left the city forever. What’s the rush in making any sort of distress for yourself knowing well she can distress you any time in future by bring any such none issues in the cases pending between you or by filing new cases against you. Yes you can go ahead buying property for yourself after she gets remarried or settled down. As far Alimony is concerned although she may be working & having enough income,the very fact the 498A IPC case is still pending against you & your family members,do you reckon that will be definately going to be chose in your favour? If not then to settle that case she will demand a handsome amount of money. From where you will give her that according to your capabilities,leave aside what is your salary or last I.T. return speaks,the court will see your capability & she too will question huge amount for settlement of 498A IPC case. So don’t tell me things go so smoothly for husbands of working wives facing all these legal issues as you. Most of the cases under section 498A IPC results in compromise between the parties,rarely any one is prepared to wait for last result rather the husband’s lawyer always advice for compromise to avoid any unnecessary complications in case the charges against the husband or his other family members are found to be proved at the precharge stage,since if the accussed is not discharged the chances for his or their getting punished become very clear for the offence of cruelty. In case you have sufficient evidence to prove your innocence in this matter then please go ahead with it but if you are not having any evidence at all to be proved in the court that will show your innocence & her failing to prove the charges of cruelty against you then better go in for compromise,least you get a free accomodation in the local jail for few months or years with fine,lastly I will not say in so many words that husband is just like a chicken ready for being roasted but his condition is no better when it comes to such criminal matters pending in the courts.