• Divorce case filing

I am married with my husband for 7 yrs.We have a son of 4 yrs and a daughter of 4 months.My husband has  fraudulantly taken all money from account,has taken all the jewellery from the flat we are staying and currently staying in his father's house.He has not given any contact no and if I call his father he behaves rudely. I have bought a flat in 2015 in my and my husband's name. He has not paid any single rupees for the flat. I am earning Rs.57000/- month and after paying the emi of housing loan and other deduction I get 30000/- in hand.I pay all the EMI.
1.What is the right of my husband in the said flat?Can I claim at the time of divorce , for giving me all the rights in the said flat as he is not paying anything?
2.Can I claim maintenance for my children from my husband?
3.Can I let out the flat on rent without my husband's consent?
4.Can I file divorce case against him now?
Asked 6 years ago in Family Law
Religion: Hindu

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18 Answers

1) you can file for divorce on grounds of mental cruelty

2) seek maintenance from husband for your child

3) seek court orders to direct husband to pay his share of EMI of the flat

4) you need your husband consent to rent the flat

5) in alternative file declaratory suit that you are absolute owner of flat as all EMI has been paid by you only

Ajay Sethi
Advocate, Mumbai
94520 Answers
7485 Consultations

5.0 on 5.0

you can file complaint of dowry harassment against your husband under section 406, 498A of IPC and seek return of your stridhan , money fraudulently with drawn from your account

Ajay Sethi
Advocate, Mumbai
94520 Answers
7485 Consultations

5.0 on 5.0

how did bank permit your husband to with draw Rs 3 lakhs from FD when it was in joint names

your mother consent was necessary to close the FD

file police complaint against bank officers and your husband for fraudulently with drawing Rs 3 lakhs from bank

Ajay Sethi
Advocate, Mumbai
94520 Answers
7485 Consultations

5.0 on 5.0

your mother has to file police complaint regarding FD as it was in joint names of mother and your husband

Ajay Sethi
Advocate, Mumbai
94520 Answers
7485 Consultations

5.0 on 5.0

since flat is in joint names both are co owners of flat .

you can file declaratory suit that you are absolute owner of flat as advised herein above

Ajay Sethi
Advocate, Mumbai
94520 Answers
7485 Consultations

5.0 on 5.0

Hi, you can file a police complaint under 498 A , IPC in order to recover your jewellery and money .. You can also calm maintanace, for your children from your husband under 125 Crpc ....2) you have the claim in the flat as a co- owner , but you cannot remove the rights of your husband from it .. However you can claim the EMI. Of the flat ... It is advisable not to take divorce from him at present stage , and to file criminal/ civil proceedings against him

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

4.9 on 5.0

Dear Querist

My opinion on your queries are as under:-

1.What is the right of my husband in the said flat?

Opinion:- being the joint owner of the flat he has right over the flat but immediately file a maintenance case for the children under section 125 of Cr.P.C. and claim maintenance for children, he has to pay the maintenance.

Can I claim at the time of divorce , for giving me all the rights in the said flat as he is not paying anything?

Opinion:- if he is not paid any amount then you may file a civil suit for declaration before the court and delete his name from the documents of flat.

2.Can I claim maintenance for my children from my husband?

Opinion:- yes, you can U/s 125 of Cr.P.C.

3.Can I let out the flat on rent without my husband's consent?

Opinion:- yes, you can.

4.Can I file divorce case against him now?

Opinion:- yes, you can file a divorce case against him before the family court based on cruelty U/s 13(1)(ia) of Hindu Marriage Act-1955.

5. Your mother may file a civil suit for recovery against him before civil court.

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 on 5.0

1. If you are emoloyed then you are not entiled to maintenance for yourself but for the children you can claim the same.

2. You can give the proeprty on rent without the consent of your husband.

3. you can also file case u/s 498A, 406 IPC for the tortures and return of stridhan articles.

4. You can also file under PWDV Act for restricting your husband to enter into the flat.

5. yes, you can file suit for divorce as well.

Devajyoti Barman
Advocate, Kolkata
22779 Answers
484 Consultations

5.0 on 5.0

You have to file declaratory suit that you are absolute owner of property

2) contact a local lawyer

3) disposal of suit depends upon pendency of cases in court

4) you need husband consent to ren t the property

Ajay Sethi
Advocate, Mumbai
94520 Answers
7485 Consultations

5.0 on 5.0

1.What is the right of my husband in the said flat?Can I claim at the time of divorce , for giving me all the rights in the said flat as he is not paying anything?

Since he is the joint owner, whether he paid the EMI or not, he has rights for 50% share in the property which you cannot deny

2.Can I claim maintenance for my children from my husband?

Yes, you ca claim maintenance for your children from him, he is bound to pay the maintenance amount

3.Can I let out the flat on rent without my husband's consent?

But he can object and can claim 50% rental amount.

4.Can I file divorce case against him now?

You can very well file a divorce cae on the grounds of cruelty but you may have to prove the allegations properly before court.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

My husband earns Rs-15000/- and does not have any permanent job. He has made Fixed deposits taking money from my mother in the name of him and my mother(2nd holder) and prematurely closed and taken almost 3 lakh rupees.

1.Can my mother file a police complaint against him or file a case against him?

In the joint account, it is always either or survivor.

However if he is the second account holder then it may be termed as a fraudulent act.

She may, with the evidence of swiping of cash, lodge a complaint against him, but it should be seen that how effective will it be if he prepares defence that he is a joint account holder.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

1.My husband continue to be the joint owner even after our divorce?

Yes, he can continue to remain joint owner of the flat even after divorce, but you can file a partition suit after divorce seeking partition and separate possession of your share in the property.

.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

What is the procedure of suit filing to declare that I am The absolute owner of the property (All the emi is being paid by me including margin )and to delete name of my husband from all the property documents? How much time will it take? If I rent out the property should I make agreement between me and the person I am renting the property?

You are not the absolute owner of the property hence your declaration suit may not be maintainable and you may fight a losing battle if at all you still go ahead with the declaration suit.

Dont be misguided and lose your money, energy and time on this proposed declaration suit.

This is a jointly owned property hence yor EMI repayments will entitle you to get the title of entire property on your name.

For letting out the property on rent it is always advisable that a rental agreement is entered between the owner and the tenant. Since your husband is a joint owner his signature on the rental agreement along with yours is necessary.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

1. Your husband has equal right on the said flat since he is its co-owner. You can file a declaratory suit praying for declaration that you are the actual owner of the flat since all the consideration has been paid by you so far also praying for directing the Registrar to delete his name as the co-owner from the record at the registrar's office.

2. You can very well file a maintenance application seeking maintenance for your child from your husband.

3. If you so rent it out without his consent, he can claim 50% share on the rent received by you till the flat is declared by the Court as solely owned by you.

4. Yes, you can file a divorce suit against him on the ground of cruelty.

Krishna Kishore Ganguly
Advocate, Kolkata
27191 Answers
726 Consultations

5.0 on 5.0

1. Your mother can lodge a police complaint for taking away the money she has kept in the Bank from her account in joint names.

2. She can also file a recovery suit against your husband claiming back the amount she had lent to him (the said amount shall have to be shown as having given on loan).

Krishna Kishore Ganguly
Advocate, Kolkata
27191 Answers
726 Consultations

5.0 on 5.0

1.Yes, as per law, he will continue to be the joint owner of the said flat unless you get a Court order declaring that you are the actual owner of the said flat for having paid the entire amount towards consideration while buying the said flat.

2. File the declaratory suit as advised in my earlier post.

Krishna Kishore Ganguly
Advocate, Kolkata
27191 Answers
726 Consultations

5.0 on 5.0

1. You shall have to file a declaratory suit before the Civil Court praying for declaration that you are the actual owner of the flat since all the consideration has been paid by you so far also praying for directing the Registrar to delete his name as the co-owner from the record at the registrar's office.

2. Engage a local lawyer having expertise in the field.

3. The said case may take 2/3 years to be disposed of.

4. You should certainly enter in to an agreement for rent before giving it on rent. It will be prudent on your part to give it on leave and license basis for 11 months to be renewed thereafter for another 11 months to stay safe.

Krishna Kishore Ganguly
Advocate, Kolkata
27191 Answers
726 Consultations

5.0 on 5.0

Suit for declaration will be filed, will take around 3]-5 years and also if you rent the property then you should make an agreement for 11 months, subject to renewal at the end of 11 months.

Regards

Anilesh Tewari
Advocate, New Delhi
18077 Answers
377 Consultations

5.0 on 5.0

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