• Divorce

1. Wife living separately for one year. Working lady. No communication both side. No good relationship before.
2. Wife registered her name in Shadi.Com. Mentioned there as waiting for divorce. Husband came to know indirectly. Have a hard copy of all the pages of Shadi.com .Husband informed her wife that he is not liking that wife registered her name in shadi.com. Wife replied it is her personal matter. 
3. Have a child of 18 years. Father is taking care of this daughter. Have a joint property( Flat at guwahati).For reducing tax husband included wife name in the registration. No amount paid by wife for this property.
4. Legal remedy for husband?
Asked 5 years ago in Family Law
Religion: Hindu

6 answers received in 10 minutes.

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24 Answers

legal remedy for what?

do you want to take divorce or just want to save the property?

as she is the co-owner has equal right in property,

elaborate more to get prompt reply

Suneel Moudgil
Advocate, Panipat
2381 Answers
6 Consultations

4.8 on 5.0

Husband can file declaration suit to claim complete ownership on the basis of contribution in purchase.

No criminal case.

Yogendra Singh Rajawat
Advocate, Jaipur
22636 Answers
31 Consultations

4.4 on 5.0

you can retained the whole property but she can also claim her share

Suneel Moudgil
Advocate, Panipat
2381 Answers
6 Consultations

4.8 on 5.0

as she is living separately for one year, chances are very low for a criminal case

Suneel Moudgil
Advocate, Panipat
2381 Answers
6 Consultations

4.8 on 5.0

Husband can file declaratory suit that he is absolute owner of property as full consideration has been paid by him 

 

2) file for divorce on grounds of mental cruelty 

 

3) wife refusing to stay with husband amounts to mental cruelty and is ground for divorce 

Ajay Sethi
Advocate, Mumbai
94723 Answers
7535 Consultations

5.0 on 5.0

Husband should file suit as advised herein above 

Ajay Sethi
Advocate, Mumbai
94723 Answers
7535 Consultations

5.0 on 5.0

no no criminal case is to be filed 

 

Ajay Sethi
Advocate, Mumbai
94723 Answers
7535 Consultations

5.0 on 5.0

Dear Sir,

Yes you can file Petition for RCR, in the court where you and your resided after marriage. Also along-with your matter in the concerned court, the matter should be taken for mediation. RCR petition along-with mediation will help you more in convincing your wife to move back to her matrimonial home.
Also you have to make sure that she has no valid reason to be away from you.

If RCR is passed it will help you in proving that you are innocent, she cannot claim maintenance from you
she is deserter in the eyes of laws , she has no right of maintenance in future, husband will be in safer place
RCR will be passed and if she fails to join him within one year ,it a ground for divorce for husband for failure of restitution decree

  1. she can file any case as she likes
    this RCR will dilute the seriousness of her cases
    3. if she doesnt join with you as per the court order within one year then that will become the ground for you to apply for the divorce

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

Hello, 

  1. It is advisable that you mutually divorce through  a mutual consent divorce. Youcan draw up a term of consent and and decide about all aspects like daughter's future, propi eyc. 
  2. If you are filing an independent petition,  the advertisement in Shadi. com can help you favourably. 
  3. The wife has 50%right in the joint property. 
  4. There's no criminal case,  but she can get her right through a civil suit. 

S J Mathew
Advocate, Mumbai
3548 Answers
175 Consultations

5.0 on 5.0

The wife is adamant that she will not live with you. Therefore file for divorce as she has already put herself n the market for marriage. There is no issue of custody as the child is a major.

Regards 

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

The flat was purchased by you but  you both are joint owners. She has a share in the property  irrespective of the fact whether she has contributed towards it or not.

 

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

She can file false criminal charges against you but she would have to prove it in court.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

As your wife is living separately there is nothing wrong to mention the advertisement shaadi.com and showing the actual position as waiting for divorce .

A grown up girl is always the responsibility of the father till the time of marriage so you have to take the responsibility and you don't have any other option available.

The property in joint ownership can be claimed by proving in the court that you have paid the entire consideration amount purchasing the property so you can claim the title after property

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

Husband can file divorce for on ground of cruelty as she is not in matrimonial relationship and it amounts to cruelty further she is earning so maintenance can be contested.

 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

The husband can file a declaration suit praying for absolute  ownership of the property on ground that he has paid the complete amount for same. 

Further wife can file false cases of DV though without any evidence same is not maintainable as already living separately from one year and no complaint or case till now, 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Husband can file for the declaration suit before the court seeking absolute ownership of the property on ground he paid complete consideration for the property.  

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Further wife can file false cases of DV though without any evidence same is not maintainable as already living separately from one year and no complaint or case till now, 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

1.You can file Section 9 RCR. 

2.you can lodge complaint u/s 406 against your wife. 

3.husband cannot claim ownership of property that is in the name of his wife because it would be looked upon as a benami property.

 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Husband can file divorce petition on that basis.  They both can go for mutual consent divorce

Prashant Nayak
Advocate, Mumbai
31951 Answers
179 Consultations

4.1 on 5.0

1. The remedy for husband, if he wants to end the marriage, is to file a petition for dissolution of marriage on the ground of cruelty.

2. So far as the joint property is concerned, wife has an equal share in it. 

3. No criminal case is made out against wife except by a prospective groom who acts on the basis of information furnished by her on the matrimonial website wherein she has claimed to be waiting for divorce. 

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

If husband wants to file divorce case on the grounds of cruelty and desertion he may very well proceed with his proposal provided the situation is beyond tolerance.

The 18 years old child is no more a child hence the question of child custody does not arise, she can remain with whomever she may like to.

Since the property is ion the joint names, she is entitled to 50% share in it which you cannot deny for whatever reason you may cite.

T Kalaiselvan
Advocate, Vellore
84925 Answers
2196 Consultations

5.0 on 5.0

Since this is a jointly owned property as per property registered document, she is entitled to 50% share in it, which cannot be legally denied to her.

 

T Kalaiselvan
Advocate, Vellore
84925 Answers
2196 Consultations

5.0 on 5.0

Husband cannot retain the entire property, if she is claimning her share in it then he may have to give ti to her either by selling the entire property and giving her half share or by partitioning the property through court of law

T Kalaiselvan
Advocate, Vellore
84925 Answers
2196 Consultations

5.0 on 5.0

Any criminal case means?

 

Nothing can be predicted especially as to what goes on in her mind when you take legal action, she may file a domestic violence case to just avenge you or she may claim property and may file a cheating case before police, hence you got to be careful about it.

T Kalaiselvan
Advocate, Vellore
84925 Answers
2196 Consultations

5.0 on 5.0

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