• What will be done for a mortgage flat in divorce case

1. Sir I need divorce from my wife. I own a flat in Bangalore and it's on SBI housing loan for a period of 25 years which is taken by me and this is not a joint loan and the flat is registered on my name.

EMI's borne by me and she has not contributed a single penny in this flat.
Currently we are staying on rented house and haven't moved to the new aforesaid flat.

Will my wife is entitled to take her share in this flat ? 
If yes then Is there any alternative to save this house from her ?


2. Secondly there is no husband wife relationship since our marriage which happened on 11 Dec, 2013. So on this ground can my case will be stronger ?

3. She is working and we dont have any kids so how much and till when I need to pay maintenance to her.
My salary take home/month : 88K
Her salary take home/month : 28K
Asked 7 years ago in Family Law
Religion: Hindu

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8 Answers

1) wife is not entitled to any share in the flat as it has been purchased by you in your name only

2) refusal to have sex amounts to mental cruelty and is a ground for divorce

3) you would be called to pay around Rs 12,000 a month a maintenance as there is substantial difference in your incomes

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

1) under DV act wife has only right to stay in her matrimonial home

2) she has no share in said flat

3) is there any evidence of cash been given ?

4) any photographs ? video recordings?

5) if so transfer Rs 10.5 lakhs into wife account

6) if wife files false dowry harassment case obtain AB from sessions court

7) contest case on merits

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

1. no, she is not entitle to get any share in that property/flat.

she can only claim the right to residence or you can pay an amount for rented accommodation only.

2. No, this is not dowry, it may be consider as gift.

3.Nobody will be behind the bar in dowry cases now.

Feel free to Call

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 on 5.0

Dear Sir/Madam, if your wife residing with you one roof of house even though she has not co-operate with you as dutiful wife in respect of all manner, it amounts to mental harassment and also physical harassment, you have to file the divorce case on this ground under cruelty. if you wife not resided with you, and left your house more than 2 years, you have to file divorce case on the ground of desertion. In pursuance of your wife salary, she is capable to maintain herself without your support, you should prove it, and also you should not disclose your salary to anybody as well as your wife and relatives and also not give any such documents you have to becareful in this regard. You have to give police complaint in this regard for harassment on you, it is the evidence of your side. If your wife not resided with you, domestic case will not attract. You are not speak through phone or mobile by using harsh language. If your wife done harsh and rough words on you, you should record it seperately, it will be very helpful to you at the divorce case to prove the harassment. With regard to your flat, your wife not having rights, it is the self acquired property of yours. You do not admit cash or ornaments which are given at the time of marriage, let them prove, you simply denied it. and also you don't worry... if you want more advice and my service please contact me. I will do it. .... by Chandrashekhar Vithal Jadhav, Advocate & Legal Consultant, Bangalore.

C. V. Jadhav
Advocate, Bangalore
545 Answers
18 Consultations

4.7 on 5.0

1. Under the present law in India a wife has no share in the property of her husband. Her only right is to claim maintenance, which can be granted to her only if she is not self sufficient.

2. She can though under DV Act seek injunction to stop you from selling the flat.

3. She can adopt her legal remedies even if there has been no cohabitation between both of you. So your case will neither be stronger nor weaker.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1. She can certainly seek injunction under DV Act to stop you from throwing her out of the house.

2. Expenses given towards marriage arrangement is not dowry.

3. If she files 498A then apply for and obtain AB. Dont be scared.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Will my wife is entitled to take her share in this flat ?

If yes then Is there any alternative to save this house from her ?

Since the property has been registered on your name alone, you will be the absolute owner with marketable title. Your wife cannot claim any share in the property during your lifetime.

2. Secondly there is no husband wife relationship since our marriage which happened on 11 Dec, 2013. So on this ground can my case will be stronger ?

This can be deemed to be desertion or non-cohabitation for a period over two years, a strong ground for divorce on the grounds of desertion and mental cruelty.

3. She is working and we dont have any kids so how much and till when I need to pay maintenance to her.

My salary take home/month : 88K

Her salary take home/month : 28K

If she is employed and drawing a handsome salary to sustain herself, especially in the absence of any children out of your wedlock, you may repudiate her claim for maintenance, if she files or claims any.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

1. According to Domestic Violence Act, whether she will be entitled for her share in this new flat if she starts staying there ?

She will be entitled for residence. You may provide her alternate accommodation also instead of this newly constructed flat.

2. Her parents have given Rs 10.5 Lakhs in cash for marriage arrangements to my father so now they are claiming that amount as DOWRY. Though there is no other amount given to us. Therefore, question is whether the aforesaid amount is considered as DOWRY.

It depends on how they claim it to be dowry and how you defend your case or create a stand against the allegations agaisnt you.

3. My wife use to scare me always about the DOWRY and which will result for entire family to be behind bars and will lead to loosing job for me as well as for my younger brother.

You should not be frightened or scared by such threats, ask her to proceed, you may obtain AB for all and then challenge her false cases properly

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

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