sale of property before divorce
In marital dispute if the husband wants to sell the house which is in his name and want to move to another city , can wife put a beneficiary claim on the proceeds from the house when she already has two house in her name of her own.
I guess you are the husband. Go ahead sell the property as long as the wife has not been granted any order from the court for the property in question. Even if your wife chooses to make an application and stop you from selling your best defence is she already has 2 houses in her name and the sale will not in anyway affect her well beimg
Hope this settles your query
In case of a marital dispute, the wife has a right to claim maintenance as per Section 125 of the Criminal Procedure Code, 1973 however this does not provide for a monetary right over the property owned by the husband. The Domestic Violence Act, 2005 provides for a right in the shared household under Section 17. Thus, as long as the marriage subsists, the wife has a right to reside in the shared household even though she might not have any legal right over such property. This section, however, does not provide for any monetary benefit that can be accrued by the wife in case of disposal of such shared household. Further, under the same act, ‘Economic Abuse’ as defined under Section 3(d)(iv) includes “disposal of household effects, any alienation of assets whether movable or immovable, valuables, shares, securities, bonds and the like or other property in which the aggrieved person has an interest or is entitled to use by virtue of the domestic relationship or which may be reasonably required by the aggrieved person or her children or her stridhan or any other property jointly or separately held by the aggrieved person”. The Marriage Laws (Amendment) Bill, 2010 provided for a right in the husband’s property in case of divorce. However this Bill was not passed. In your case, since the wife already has two properties in her name, it might add to the difficulty in proving in a court of law that the wife is in dire need of the monetary benefit arising out of the property being disposed.
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