I and my husband is not living with each other since February 2017..I complained in police station under section 498 a We were heaving a joint account ..either or survivor. But till now only I signed every cheque..n even I deposited money through my employees as I am running a prepratory school and taking care of three kids . He gave instructions to bank that without his signatures no transaction can b done cause legal dispute s going on but he did not submit any document Which proves about the legal issue at that time .now what should I do to take back my hard earn money I will file divorce In few days and ofcourse I want go know what will b the time period of getting divorced if it is not mutual
If I apply for contested divorce if I m earning n his income is low or he show himself no earning and all f the properties are on my name and earned by me only so on what conditions I can get easy divorce..but I will not guv him single penny
Contested divorce cases take over 3 years to be disposed of
mutuak consent divorce takes 6 months
husband needs to give written instructions to bank for change of mode of operation of bank account
verbal instructions is not sufficient
you hane ti sue your husband to recover your money
husband can claim maintenance from his wife u/s 24 and 25 of HMA, provided he is unemployed despite his best efforts to secure a job. A person who has incapcitated himself is not entitled to get maintenance from his spouse.
hello
the money which you have deposited should be shown by you to the bank and the family court. in case he does not return it, lodge an FIR. also if you are earning more than him, you cannot get maintenance. he will give you a divorce and he has no right to ask you for money.
the properties which are yours, he cannot demand a share in that. mutual consent is an easy option if he is ready but if he is not then contested divorce is the only option left.
it will take 1-2 years and if you can convince the judge that it is his problem then a little sooner.
regards
Cruelty is the most common ground for seeking divorce amongst others . You need to prove it during trial at the time of evidence.
You can issue a legal notice to the bank if you are restricted from operating the account.
In the legal notice you can mention that the bank has no rights to stop you from operating the account which is in joint names and if they still do not allow you to operate your account you may drag the bank to consumer forum for relief and remedy besides the option of lodging a criminal complaint against the bank manager for stopping you from operating your account.
The contested divorce is a differnt subject to that of the money what he have and what you possess.
You dont worry about what he has or not, you concentrate in your divorce case alone, let him make any claim in that regard during trial proceedings which can be challenged properly
See for bank account you can approach bank first of they refuse fastest way shall be file a written petition before high court for direction for bank to understand freeze band account giving. All proof of transaction before high court.
Contested divorce can take 2-3 years.
You can take take divorce on the ground of mental cruelty only as per the Hindu Marriage act and you will ahve to prove before court the same.
This will take atleast 2 year to get decided, do not worry you will not have to give anything.
regards
If the bank has freezed the account then you will have to file an injunction suit to get the same de freezed.
regards
You can take contested divorce on ground of mental cruelty and abuse further don't ask for maintenance
Only directive from family court, where you will find for divorce can assist you.
1. Since the manner of operation of account is either or survivor the instructions of your husband and also the act of bank to accept those instructions are illegal. If the bank is a public sector bank then you can file a writ petition in the High Court to declare the act of bank as illegal and unconstitutional, whereas if the bank is a private sector bank then your remedy is to file a suit for mandatory injunction against the bank.
2. If he decides to contest your divorce petition then it may take around 1-2 years. There is no easy divorce except mutual consent divorce but this can materialise only if there is a positive agreement between spouses.
1.First of all the divorce is not easy and any illusion in this regard should be ignored.
2. In joint account all the account holders have equal rights and if any one requests bank to claim his right the bank is bound to follow the request.
3. In case husband have no income he may claim maintenance but the chances are very less that the court allow the maintenance payment by wife.
1. If the account was joint one then either of you could take put the money by signing cheque and the bank ca not refuse you to withdraw money unless there is an restraint order by court.
2. So meet the Manage or his higher officials and submit a written application to operate the account .
3. if the bank still refuses to give money then you can file case before the consumer forum to get operated.
4. if you file the divorce suit then you can apply for getting your money back by filing a petition u/s 151 CPC.
Bank can't do that if it's joint account operated with any from both of you signature. Only court can restrict you to operate the same. First file a Complaint to bank and then approach the court
Dear Client,
You are not liable to give him money but you may be refuse to grant maintainance due to your self depency. But this is not sufficient reason to deny alimony.
Contested divorce takes time.
Dear Madam
you need not panic. Just file divorce case and seek alimony. quashing of 498a is in your hands as such he will agree to pay and also agree to de freeze your account. even court has powers to de freeze.
