• Separation

My husband wants to file for a divorce but I have still not given up on our marriage. is checking his chat a ground for divorce
Asked 6 years ago in Family Law
Religion: Hindu

7 answers received in 10 minutes.

Lawyers are available now to answer your questions.

21 Answers

No. Checking messages is no ground for divorce. He will not get divorce on that ground. You can file RCR if he leaves you. 

Prashant Nayak
Advocate, Mumbai
34660 Answers
249 Consultations

No, just checking the chats is not a ground for divorce 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Nops, You have every right to interfere in his privacy.

You can sell the half portion.

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

checking chat messages is not ground for divorce 

 

2) you can contest divorce proceedings filed by husband 

Ajay Sethi
Advocate, Mumbai
99977 Answers
8159 Consultations

Who has given the price against the said property? 

 

Regards 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

you both have equal share in the house 

 

2) you need husband consent to sell the house 

Ajay Sethi
Advocate, Mumbai
99977 Answers
8159 Consultations

Dear Madam,

According to the Transfer of Property Act every joint or co-owner has a proprietary right of the entire property. Hence, any sale has to be done with the consent of all co-owners involved.

Section 44 of the Transfer of Property Act 1882 deals with transfer by a co-owner and it also deals with the rights of a transferee in this type of a transaction.

According to this Act, every joint or co-owner has a proprietary right on the entire property. Hence, any sale has to be done with the consent of all co-owners involved. If, however, there are specific conditions in the agreement that gives co-owners exclusive rights to certain parts/portions of the property, a co-owner can sell his portion to whom he chooses.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

its not ground for divorce. 

Mohammed Mujeeb
Advocate, Hyderabad
19373 Answers
32 Consultations

you need husband consent to sell joint property. 

Mohammed Mujeeb
Advocate, Hyderabad
19373 Answers
32 Consultations

Please note any divorce petition must have a strong grounds to get a decree of divorce unless it is mutual consent divorce. Also just checking any messages or any letters do not fall under any grounds to file a petition contest the petition filed by your husband and also seek for maintenance of your kids and for yourself under section 125 of crpc

Swarnarka Chowdhury
Advocate, Mysore
1879 Answers
5 Consultations

Well, there is nothing like breach of privacy between married couples unless there is breach of public safety in  which wife can not have right to peek in.

So in this case checking of chat history from the mobile phone of her husband is no ground for the grant of divorce.

Since you are co owner of the house he can not sell the whole house itself . However if he resorts to any illegal means to sell the same you may seek injunction in the DV case wherein you can claim monthly maintenance as well. 

 

 

Devajyoti Barman
Advocate, Kolkata
23659 Answers
538 Consultations

Checking husband's chat, definitely not a ground for divorce.

Cling on to him and pls note that he cannot give a divorce to you unilaterally. 

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

You can only partway with your share in this dwelling house which you own jointly with your husband. 

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

Incase both of you are agree to sell the house you can  sell .

your husband if he is living away from you from last six month he can fight for the diverse and separation under section 10 Hindu marriage act in case you are not willing to diverse your husband you need to contest the divorce petition under section 13 and also you can file the domestic violence cases and get the compensation in this case under section 24 you can file maintenance under section 125 CRPC against your husband to provide maintenance for you and children in the meantime please remember to you take the children with you so that you can make pressure and on him

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

1. checking chats is no ground for divorce,

2. you cannot sell the house since it is jointly owned,

consent and signatures of both owners are required to sell the house

Suneel Moudgil
Advocate, Panipat
2394 Answers
6 Consultations

Checking chat is not a ground for divorce.

If the property is in joint names, the other person's consent is required.

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

No as such he cannot prove same in court therefore it cannot be sole ground for the divorce. 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

See if house is in joint ownership you can sale only your share not the complete house see if husband wants divorce and he is not keeping good relationship then in that case you can claim huge alimony and can go for mutual divorce. 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

No checking of chats is not a ground of divorce. 

You can sell your share from the house without consent of your husband.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

That cannot be a ground for divorce. 

If he is filing a divorce case, you can challenge the same properly, he may have to prove the grounds alleged in the petition seeking divorce.

 

T Kalaiselvan
Advocate, Vellore
90179 Answers
2506 Consultations

If the house is jointly owned then you cannot sell the same independently.

He has to give his consent for selling the same jointly.

 

T Kalaiselvan
Advocate, Vellore
90179 Answers
2506 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer