• Husband lives separately from me since 9 years

My husband married me thinking that I will help him start a business since I had more money than him at that time.He waited and left me 9 years ago.
Can I file a divorce petition against him and will I get half of his property. Also one of my plot is in his name if he does not give it back to me what should I do. We lived together for five years and we used to bear all his expenses. 
His mother does not want me to get a share in the property. We do not have any children As his sperm count was less. 
if I file a case how long will it last.
Asked 1 year ago in Family Law
Religion: Hindu

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20 Answers

Hello Ma'am,

Please be advised as follows:

1. You can file the divorce petition under Section 11 of the Hindu Marriage Act, 1955

2. In terms of the alimony and maintenance you can plead in your petition for the plot that you have mentioned above. However the exact alimony you will get depends upon the income and asset/property value of your husband. 

3. Courts in the recent past have also looked on the fact that whether the wife is earning or not in order to decied the alimony.

4. If your husband is earning close to 80 thousand per month then the chances are you might get around 25 percentage of his salary as per the latest Supreme Court ruling.

5. The court aims to put the wife at equal footing with the husband in case husband leaves her after divorce.

Please get in touch through email or call in case of query. In case you need any help let me know.

Thank you.

 

 

 

Harshit Singh Jadoun
Advocate, Noida
68 Answers
1 Consultation

5.0 on 5.0

You can file for divorce and get share in the joint property accordingly in next 2-3 years case can be sorted out in the court.

 

Once you send notice and summons to him he will come for negotiation.

Ganesh Kadam
Advocate, Pune
10115 Answers
89 Consultations

4.9 on 5.0

You can file for divorce on grounds of desertion and cruelty by husband which is a valid ground for divorce under section 13 of Hindu Marriage Act. His medical adequacies can also be a ground for divorce aur which medical evidence would be required to support your claim in court.

You would not get half of his property. You can only claim maintenance amount from him if you are unable to maintain yourself from your own income. Thank you have stated that you have more money than him, you cannot claim any maintenance also as the provisions of maintenance are to avoid a state of homelessness or vagrancy of the spouse and not otherwise.

In order to get the plot which is in his name, you have to file a suit for declaration in civil Court to declare you as the sole owner of the property on the basis of the consideration amount paid by you where you'll have to prove that the amount  for buying the property was paid by you only.

Siddharth Jain
Advocate, New Delhi
5489 Answers
61 Consultations

5.0 on 5.0

File for divorce on grounds of mental cruelty and desertion 

 

2) husband refusing to stay with wife for continuous period of 2 years amounts to desertion 

 

3) you have no share in husband property 

 

4) fie declaratory suit that you are absolute owner of land in husband name as full payment was made by you 

 

5) in divorce petition you can seek interim maintenance and alimony from husband 

Ajay Sethi
Advocate, Mumbai
75799 Answers
4532 Consultations

5.0 on 5.0

You can file complaint under domestic violence act and get residence right in your matrimonial home.  You can  also claim maintenance under domestic violence Act,  125 crpc and divorce proceedings and claim a house from him

Prashant Nayak
Advocate, Mumbai
19636 Answers
35 Consultations

4.4 on 5.0

See you can file for divorce on ground of desertion , in India you don't have right on his properties you can seek maintenance from him.  

For such plot you can file a separate declaration suit. 

See contested divorce can take time like 2-3 years to settle. 

Shubham Jhajharia
Advocate, Ahmedabad
24894 Answers
98 Consultations

5.0 on 5.0

Did you withdraw the same from your bank account on the very same day or few days prior to making the payment?

Siddharth Jain
Advocate, New Delhi
5489 Answers
61 Consultations

5.0 on 5.0

Hello,

yes you can file a case of divorce on the ground of mental cruelty and yes you can claim a part in the property.

it will take 2-3 years for the case to get decided 

Anilesh Tewari
Advocate, New Delhi
17725 Answers
290 Consultations

5.0 on 5.0

Get in touch with a local advocate who may help you in filing the case before the court.

 

regards

Anilesh Tewari
Advocate, New Delhi
17725 Answers
290 Consultations

5.0 on 5.0

You can file divorce on grounds of desertion. 

You cannot claim share in husband property. 

If you have evidence, transaction details then you have to file declaration suit for claiming said property is purchased by you. 

Mohammed Mujeeb
Advocate, Hyderabad
16464 Answers
11 Consultations

4.5 on 5.0

It can be only proved through witnesses when there us no documentary evidence

Prashant Nayak
Advocate, Mumbai
19636 Answers
35 Consultations

4.4 on 5.0

You have no evidence that payment was made by you 

Ajay Sethi
Advocate, Mumbai
75799 Answers
4532 Consultations

5.0 on 5.0

See in case the payment was made in cash then it would be difficult to prove through you can use source of such payment, if it was taken out from account then that record and witness can be there to prove the payment.

Shubham Jhajharia
Advocate, Ahmedabad
24894 Answers
98 Consultations

5.0 on 5.0

Dear Sir,

The wife has given money to husband to buy a property, and the wife has evidence of transferring such sum to husband, then she can file for recovery of such money with the help of a court lawyer. Even if the property is registered in the name of the husband, the wife can take legal advice in India from a property lawyer and ask for returning the sum she has given. If the husband does not return the sum, the court may order to return the property.

Netravathi Kalaskar
Advocate, Bangalore
4953 Answers
25 Consultations

4.8 on 5.0

Is he traceable?

Is he remarried ?

Why don't you file a domestic violence and lodge a complaint so that he can come down to negotiate .

Regards 

G.Rajaganapathy 

 

Rajaganapathy Ganesan
Advocate, Chennai
1734 Answers
8 Consultations

4.9 on 5.0

Continuous 2 years of desertion, ground of divorce. Will take a year to grant divorce. Wife has no claim in is property except maintenance and right to residence in share household. Plot for which you have contributed, you have get declaration order from court in case he denies your right. Impotency anther ground for divorce. 

You must have shown the payment in your I T return. 

Yogendra Singh Rajawat
Advocate, Jaipur
19328 Answers
25 Consultations

4.5 on 5.0

Dear Querist

there is no law in India by which you can get half of his property's share.

if you are not able to maintain yourself than only you can get maintenance from him which can be 1/3 of his income. under section 125 of Criminal Procedure Code-1973.

you may get the residence order if you want to live with him or without him in your matrimonial home under protection of women from domestic violence act-2005. 

 

You may file a petition for divorce under section 13(1)(ia) & (ib) of Hindu Marriage Act-1955 based on cruelty and desertion and also claim alimony under section 25 of Hindu Marriage Act-1955

 

Property which is in his name can not be claimed by you but if you proved before the court that all the money was given by you to purchased the property and due to love and affection you purchased the same in his name, than you may get that property otherwise not.

 

 

 

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
5719 Answers
266 Consultations

4.9 on 5.0

You can file a contested divorce case ion the grounds of cruelty and desertion.

If the property is not in your name then you cannot ask for any share in it as a right.

For divorce case if he decides to fight it out then it may take at least three years.

T Kalaiselvan
Advocate, Vellore
65774 Answers
858 Consultations

5.0 on 5.0

You have to prove if you have paid anything towards the purchase however the registered title deed will reveal the owner of the property 

T Kalaiselvan
Advocate, Vellore
65774 Answers
858 Consultations

5.0 on 5.0

Dear client 

You can file divorce on basis of dissertion by your spouse and impotency. 

But you can't claim any property rights on your husband property. But you can claim maintenance from your husband. And if he doesn't pay the maintenance then only his property can be attached by court. 

The case may last for 1 to 2 year. And possibly you will get divorce easily if he agrees early for divorce then the case can be over with in one year.

Mohit Kapoor
Advocate, Rohtak
8662 Answers
3 Consultations

5.0 on 5.0

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