Legal Question in Family Law in India

Divorce proceedings and how to protect my land in India.

I am a UK national and got married to a girl from India in 2005. My wife has deserted me and gone back to India. I have a small land holding which I inherited from my grandfather in India. From what she has been saying to relatives in India, I gather that she is now trying to grab my land and wants a divorce.

1.Does she have any right to my land (as it was not an asset obtained during marriage)?

2. Someone has told me that as per laws in India she needs to have been married to me for seven years before she can make efforts to get my property assets?

3. Will I have to pay her maintenance?

4. As she deserted me I am contemplating making divorce proceedings in the UK. Will this be valid in India?

5. If I gift the land to my parents does she still have a claim on that land?


Asked on 1/31/10, 2:31 am

1 Answer from Attorneys

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

a wife has no right title or interest in the property of her living husband. she acquires the right only after death of her husband along with other children. as per domestic violence act a wife can claim the residence in a shared house hold or where

her husband resides. she can not claim any right in your land. you need to file divorce in India as UK divorce may not be valid in India. you need immediate legal help.

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Answered on 1/31/10, 11:30 pm


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