• Divorce and not paying rent

Hii
I am married for 17 yrs...i have a son who is 15 yrs....me and my husband are not compatible 1 yr back i got involved with someone...which my husband got to know about it...which i confessed and also he has a cctv footage of the other man coming inside house 
Evry day there is some or the other drama...torture at home we r not in talking terms....he refuses to pay any money for my needs and he is not ready for mutual divorce he says me to file for divorce and he ll fight it out in court
I have a property worth 2 cr it is a residential hse with 2 floors which was gifted to me by my mom
In this house my husband is running a pg accommodation for 5 yrs for which we had a rental agreement and he used to pay me a rent of 60 k.....
From the time he s got to kno about my affair he is refusing to pay rent....and also not renewing the rental agreement 
Recently i got to know that he has forged my sign and made new rental agreement to get trade license to run pg
Now my questions are
1.if i file a divorce will i get a divorce coz of my infidelity and how long will the process go on and how much will it charge

2. What can i do so that he pays my rent...or vacate the premises so that i can rent it out to someone else 
And how much does tis cost 

3. If i send him notice....within that period will he not pay anything at all

4.what all can he legally do if i file for divorce or send notice for vacating

5.how can.he use cctv footage against me.....and will he be able to claim anything 

Plz help....as my financial status is in a bad state....inspite of having property

Plz give me proper suggestions as to what i hsve to do
Asked 4 years ago in Property Law
Religion: Hindu

6 answers received in 30 minutes.

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19 Answers

- As per law, A husband cannot inherit any share in the property of his wife during her life time, and further a husband also has no right over the gift /jewelry/share benefits, which a wife received at the time of her marriage.

- Further Supreme court declared that , when  a man and a woman in love live together , is part of the right to life and not a criminal offence, and further live-in relationships is legal in India.

1. Since, he is not ready for mutual divorce , hence you can file a divorce case on the ground of Cruelty  and for Cheating etc. It can take time to be decreed , but during the period of proceeding , there is possibility for mutual divorce by your husband. 

2. Since, you have already sent him a legal notice for paying the rent and vacating the rented  premises, then you can file a case for Mandatory injunction for handing over the possession to you , or you can file an Eviction petition for the same on the ground of default of rent. 

3. After receiving the notice sent by you, he is bond to pay rent to you, otherwise court will pass its decree on your favour. 

4. He will have to handover the possession to you , as he has no right to claim in your property legally.

5. Nothing can be proved only on the ground of cctv , until he is having proof of sexual relationship , and even adultery is ground for divorce , 

Mohammed Shahzad
Advocate, Delhi
13286 Answers
198 Consultations

5.0 on 5.0

He will get a divorce on grounds of your infedility and not you. If it's a mutual consent divorce it will be 6 to 8 months. If contested it can take note time. Fees varies from lawyer to lawyer

Prashant Nayak
Advocate, Mumbai
31975 Answers
182 Consultations

4.1 on 5.0

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

 

2) it would take 5 years to be disposed of 

 

3) legal fees vary depending upon lawyer engaged by you 

 

4) issue notice husband legal notice to vacate your premises 

 

5) husband can contest divorce proceedings 

 

6) you would not get maintenance as you had extra marital affair 

Ajay Sethi
Advocate, Mumbai
94839 Answers
7566 Consultations

5.0 on 5.0

File case of cheating , forgery against husband if he has forged your signature 

 

 

Ajay Sethi
Advocate, Mumbai
94839 Answers
7566 Consultations

5.0 on 5.0

1. You can file for divorce stating that he is not taking care of the family expenses and more over he has stopped paying rent and thus he is harassing you mentally.

2. Send a legal notice to your husband for paying the balance rent or he has to vacate and give you vacant possession to you to enable you to let out the same for someone else.

3.  In case, inspite of legal notice if he falls to vacate the premises, file a case for evicting him from the premises.

4.  He can counter the allegation made in the notice against him and he may bring to the notice of court all your misdemeanors so far in his marital life.

5.  Electronic evidence will be admissible in court, subject to it's authenticity.

Shashidhar S. Sastry
Advocate, Bangalore
5133 Answers
314 Consultations

5.0 on 5.0

Reply point by point-

1.if i file a divorce will i get a divorce coz of my infidelity and how long will the process go on and how much will it charge


Yes you will get a divorce as infidelity is one of the ground of divorce you can state in divorce petition the reasons like you are incompatible,
no love exists, other problems , infidelity is not a crime so you need not worry about it. Fees depend upon lawyer to lawyer, you can
go with a good lawyer fees could be one lakh or 50000 for a decent lawyer. Court fees is not much.

2. What can i do so that he pays my rent...or vacate the premises so that i can rent it out to someone else

And how much does tis cost

this is your property and as per the agreement you can send him local notice and recover the money after legal notice if he still doesn't pay got to court. once you get your money you can terminate the agreement as per the terms and conditions of the agreement.

3. If i send him notice....within that period will he not pay anything at all

Notice is to pay if he doesnt pay anything you dont have to worry its your property your rent it will ultimately come to you.

4.what all can he legally do if i file for divorce or send notice for vacating.

he has no right on property hence he cant to anything. he cannt vacate you just like that as you are still legally wed if he do so tell it to the court. when you contest divirce he will obviously malign your image ultimately he has to give divrce and infidelity is not a crime anymore so he cant do anything legally .

5.how can.he use cctv footage against me.....and will he be able to claim anything


such cases turns out to be ugly he will try to malign your image in court and that you are characterless you dont have to take it to your heart and continue . he cannot claim anything except divorce.

Plz help....as my financial status is in a bad state....inspite of having property

Plz give me proper suggestions as to what i hsve to do

Varnika Singh
Advocate, New Delhi
327 Answers
2 Consultations

4.9 on 5.0

Dear madam,

My answers are as follows

1.if i file a divorce will i get a divorce coz of my infidelity and how long will the process go on and how much will it charge

Ans: Yes, you can get divorce and it is suggestible to go for mutual divorce if you are in hurry. 

2. What can i do so that he pays my rent...or vacate the premises so that i can rent it out to someone else  And how much does its cost.

Ans: You have to get issue a legal notice under section 106 of Transfer Of Property Act and if not vacated then file a civil case for eviction. The cost may range between Rs.40k to 3L depending upon the profile of the advocate you chose. 

 3. If i send him notice....within that period will he not pay anything at all.

Ans: He has to deposit the rents in Court otherwise he has to vacate the premises. 

4.what all can he legally do if i file for divorce or send notice for vacating.

Ans: As per recent supreme court judgment he is entitled for only divorce and he cannot do anything against you. 

5.how can.he use cctv footage against me.....and will he be able to claim anything  Plz help....as my financial status is in a bad state....inspite of having property Plz give me proper suggestions as to what i hsve to do

Ans: He can use them onoy to get divorce and may deny alimony.

 

Kishan Dutt Kalaskar
Advocate, Bangalore
6136 Answers
487 Consultations

4.8 on 5.0

1. your infidelity is not a ground of divorce for you rather it's ground of obtaining divorce for your spouse,

2. you can file a case to evict him from the premises by filing an eviction suit, 

you can also claim arears of the rent.

3. you should not file divorce, rather file a case of domestic violence against him

and if you want to go for the divorce you have to file the same on some solid ground,

you have to reveal the facts so that a ground for the divorce maybe advised

4. he may prove the infidelity through the CCTV footage,

nothing else

 

Suneel Moudgil
Advocate, Panipat
2381 Answers
6 Consultations

4.8 on 5.0

File police complaint for forging your signature and also inform the department which granted licence. Also send notice of eviction or take charge of PG and you start running it.

Your admission of adultery will not favor you. Husband can obtain divorce on this ground.

File FIR than to settle matter, he may agree to vacate the property.

He is liable to pay rent all time. No exemption.

He can only contest cases. Nothing else.

No. Even if your adultery proved, he can use this only to refuse maintainance.

File FIR, when apprehension of his arrest will flits, will compromise.

Yogendra Singh Rajawat
Advocate, Jaipur
22664 Answers
31 Consultations

4.4 on 5.0

If you file a case of divorce then you will get a divorce but be specific about the grounds. it'll take around 2 years.

Send him a legal notice for the same. Lodge a fir for forging your signatures.

He cannot do anything. He can only get divorce and i think which is in your best interests too.

State all this in the divorce petition and also file a case for domestic violence.

Obtain a permanent injunction against him as it is your property.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

Lodge an fir against him and obtain permanent injunction.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

1. You cannot file a divorce case on the grounds of your own infidelity,  you can file a contested divorce on the grounds of cruelty showing incompatibility and other hostile attitude,  irreconcilable differences between both as some of the reasons for the divorce on the grounds of cruelty. 

2. If he's not paying the rent you may file an eviction suit against him,  that has no impact over the divorce proceedings. 

The court fee and advocate fees may be enquired from the advocate you may engage. 

3. You may have to give him 15 days time,  if he is not complying with the demand made within the stipulated time,  then you can proceed legally against him.  

4. He cannot do anything about it except to challenge your claim legally. 

5. This CCTV footage is not a substantial evidence or conclusive proof to prove your acts of adultery,  hence you don't bother about it,  the burden of proof to prove beyond doubt will vest on him only. 

T Kalaiselvan
Advocate, Vellore
85039 Answers
2211 Consultations

5.0 on 5.0

You can lodge a criminal complaint against him for forging your signature to renew the agreement and also for criminal trespass since he is staying in the premises beyond the expiration of tenure of rental agreement or you can file a petition seeking to eject him from the premises on the same grounds before a rent controller court. 

You may discuss with your advocate at length and proceed as per the advice received. 

T Kalaiselvan
Advocate, Vellore
85039 Answers
2211 Consultations

5.0 on 5.0

1. See you can take ground of cruelty for.divorce your husband can contest same by citing your adultery though you can provide evidence of your cruelty.

2. See for false signature a complaint before police can be filed.and he can be served with an eviction notice to.evict the premises on non payment of.rent.

3. You have to recover same by the filing a suit.

4. He can contest same.

5. See in case he is earning just based on CCTV footage he cannot claim any maintenance.

6. Further file eviction suit if he is not vacating the premises.

 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Issue legal notice for eviction if he fails on notice to leave premises and pay rent carriers file suit for same before the court.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

1. You cannot seek divorce on the ground of your own infidelity. It is your husband who can file divorce on the ground of adultery committed by you.

2. The process in contested divorce takes around 2 years.

3. If you have inducted your husband as a tenant in your property and he is not paying the rent now then you can file a petition for his eviction in the court of Rent Controller.

4. Sending of notice is not a condition precedent. You may directly file the petition in the competent court.

5. CCTV footage can be used depending on the content of it. He can claim damages from you and the man you had/have an affair with.

 

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1. contested proceedings take 18 to 36 months. it will cost you approximately Rs. 25000 whereas other Lawyers may charge you much more..

2.it depend upon your agreement contract .

3.you may issue legal notice if he defaulter in rent.

4.except contesting he dont have other way.

 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

If your rental agreement expired you may issue notice to vacate property immediately else you can file eviction suit before jurisdictional civil court.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

1. If you want to file divorce then don't disclose your infidelity in court. It will be a long process but chances for getting divorce are good. 

2. You should send a legal notice for vacating the premises in which he is running a PG. After that you can file eviction suit if he refuse to vacate the house. 

3. You can also lodge FIR if you have proof that your husband have forged your signatures for getting licence to run PG. 

4. He can legally defend both cases in court.

5. If he doesn't want to take divorce then he will not use CCTV footage agaunst you in court. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

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