Husband bought property which is registered solely in the name of wife, husband paid downpayment, and paying emi as well, husband is doing job in mumbai and property was purachased in jamshedpur , native place of wife. Marriage was done in nov 2018 and after that wife never came to husband in mumbai, wife was already divorced earlier and has a daughter 12 year old. Now as the property is in name of wife and husband is in mumbai, property was rented by wife and she is receiving the rent. Wife came to husband to mumbai 2 times during this whole period after marriage and that is also just for 3 days for both times. Now wife is not coming to mumbai and if husband is planning to go to jamshedpur then she is not removing the tenant from the property what are the legal.rights of husbnad here?? can wife sell the property without husband's approval?? can husband take some stay order so that wife can not sell it?? can husband remove the tenants from property legally?? as wife is metally torturing husband , can a case be filed for metal depression from husband side rhat can send her jail?? can this be considered as fraud from wife side??cab husband do a fraud case on wife that wife is no letting husband to live in the same flat purchased by him?? what all other options husband has here??
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1) husband should file declaratory suit that he is absolute owner of property
2) seek injunction restraining sale of property by wife
3) seek orders to direct deposit of rentals in court
4) file for divorce on grounds of mental cruelty
5) wife refusing to stay with husband amounts to mental cruelty and is ground for divorce
1. IF Husband can documentarily prove that he has funded the purchase of property AND he has to further prove that Wife did not have any fund source to purchase property (via Income Tax Returns of both persons), THEN Husband can file a "Declaration Suit", in the local Civil Court, to get order that Husband is Owner of Property and that his name should be replaced instead of wife in the Revenue /Municipal records.
2. IF Wife is creating problems, amounting to Cruelty, Physical & Mental trauma, deliberately & malafiedly not living with Husband, THEN Husband is entitled to Divorce Decree on ground of Cruelty without paying any Alimony or Maintenance or any other money considerations.
as a follow up question--Due to this wife cruelty as she was not removing tenants from flat, husband abused wife over call , what grounds she can make on this,also she is making 2 excuses not to come to mumbai 1) husband misbehaved , wife can me just for 3 days 2) mumbai environment and water did not suit her. what case she can make on all this?? can she make some case from her side for husband with this??
Then ask wife for divorce by mutual consent
2) wife can file false DV case against husband seek protection order, maintenance , compensation for mental torture undergone by her
So far the title of the property is concerned as the husband has paid the entire amount and is paying the emi we can claim the title of the property by filing it will show and court may provide the stay and property will be vacant since you are not living with your husband in case of any family dispute this is very much inevitable.
This is not a fraud committed by wife but in case wife wants to sell the property she will not be able to sell the property as the original documents are the bank and can be released to the husband only on payment of complete loan.
Since the title of the property in is in the name of wife so the husband will not be able to remove the tenant.
not removing the tenant from the property is not cruelty however not living with me husband is cruelty.
In this case with the divorce is already taken place it is deemed that the property belongs to the wife only and husband have no rights over the property until and unless claims the title of the property and is allowed by the court and he has the responsibility to maintain the girl child husband and wife have all the right to go for the maintenance case for herself and child as they don't have any other income to support for
1. Since the property is registered in wife's favour she is the absolute owner of it, hence she is at liberty to sell it to anyone anytime without the consent of her husband.
2. She cannot be forced to evict the tenant either.
3. Husband is free to file petition for dissolution of marriage on the ground of cruelty.
Buying the property by a registered sale deed on her name was the first and grave mistake.
Now that property becomes her own and absolute property with clear and marketable title on her name.
This means she can sell the property on her own without taking his consent.
The husband cannot obtain any stay order in this regard.
The husband cannot force the tenant to vacate since she is the owner hence the tenant may not obey his instructions.
Husband cannot file any criminal case on her for this reason including mental harassment.
There's no fraud committed by her in not allowing him to reside in her property hence if he plans to give any complaint in this regard it may not even be entertained by police.
The husband can file a divorce case on the grounds of cruelty.
Can husband get injunction restraining order from court?? is this sure that husband can get this or there is a chance that stay order will not be granted ??Even if the entire downpayment paid by husband and emi is being paid by husband only. Also, can i get the order from court that tenant should vacate the property ?is this sure that i can get this order? or there is a chance that this will not happen???
Yes it is a possibility but you have to see the divorce conditions and maintenance classes in case there is any support for you and your child then you need not to worry much about and do not initiate the process from your side
The wife can deny to join for the said reasons or any other reasons whether valid or invalid.
She cannot be forced to live with you against her willingness.
She may lodge a criminal complaint against you for the acts of cruelty.
She may even file a domestic violence case against you for the alleged tortures.
1. FIRSTLY do the step wise procedure explained by me, BEFORE doing any other legal proceedings.
Dear Querist
as the property is solely in the name of wife, the Husband cannot claim anything from her regarding that property but the Husband may stop paying EMI's to the bank.
this is not a case of fraud but it is cruelty committed by the wife upon the husband and based on cruelty husband may file a divorce case against her before the Family Court under section 13(1)(ia) of Hindu Marriage Act-1955
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Husband should get stay order restraining wife from selling the property
2) since property is in name of wife you would not get orders to direct tenant to vacate
Since you neither are owner of the property nor you have inducted tenant in your name or issued rent receipt by your name then no such suit for eviction if filed by you would be maintainable. If you do it would be nothing but wastage of time and money.
Your only option is filing suit under Benami ( Prohibition) Transaction Act wherein though there is no scope for passing injunction order.
In the said circumstances if the property is bought in wife as sole owner she doesn't require husbands consent. She can sell rent or do anything with the same. If husband wants to challenge it he needs to file a suit and seek relief from the court against wife.
1. Injunction is not given as a gift. You have to show a legal right and also the prospect of likely violation of that right to get injunction.
2. Irrespective of who paid the sale consideration wife is the owner if sale deed is executed in her favour.
3. To evict the tenant the petition for eviction can be filed only by landlord or title holder of the property.
File Section 9 RCR against her.
File a suit for declaration to declaring your ownership over the property and getting that property to your name via court orders
last step is to file a decleration suit only that will go on got long time and husband will win that as he has done the entire payment and all but husband is more concerned about if he can get 2 orders 1) order for tenant to vacate the property as this is a disputed property 2) order to wife so that she can not sell it till case ia going on. can husband get these 2 order from court without any doubt?? or he can not get these orders at all??? considering husband has all the documents to proof.
ignore the above questions and consider below 1)in case tenant vacates the flat somehow and after that husband gets the restraining order from the court that wife can not sell it, can she rent the flat again if no one is living there, till the decleration suit is going in court??? 2) if husband start living in the flat once tenant vacates the flat, can wife remove husband from the flat in case of a conflict/fight as she is the sole owner of the property till declaration suit is going on? 3) in case tenant vacates the flat and husband rent the flat to someone else by having rent agreemet with new tenant , can wife ask this new tenant to vacate the flat??or pay the rent to her instead of husband till decleration suit id going on??
Court will grant stay order restraining sale of property
2) however he would not get orders for eviction of tenant pending hearing and final disposal of suit
1. Get a Declaration Suit filed first than only this property will be disputed one on documents, after that file an application for temporary injunction application for getting a stay over the sale of property and evacuation of the tenant.
1. Yes it can be done
2. She can if she is sole owner and she goes to court with eviction suit
3. Husband can't rent in this case if he is not owner. Who will sign rent agreement. She can vacate the Tenant through court
Here you can say there was oral mutual agreement with your husband that he is going to purchase the flat on your name because down payment you have paid it through husband account and currently husband is paying the EMI's but already took cash amount as a dowry from your parents in return he is paying all these EMI's .
If husband wants his paid EMI's amount along with current interest by selling the property you can pay to him and remaining amount will be kept with you.
Because the property is on your name.
The husband may be having all the proofs for funding for the purchase of property but to his sorrow, he bought the property on his wife's name, hence that becomes her own and absolute property therefore the declaration suit may not come to your rescue, even if you're able to somehow get a decree in your favor in the trial court, it will not be maintainable if she prefers an appeal against this judgment.
The law states that the property in the name of women shall be her own and absolute property, therefore you may not be able to get the desired orders in your favor.
Many people may give false hopes, but when it comes to practical then you will find it very difficult to tide over the crisis at every single stage, hence it is suggested that you try to reconcile with your and arrive at a favorable solution amicably.
1. It is your imaginary concept based on false hopes given by someone here or outside.
She is the absolute owner of the property hence court cannot pass a restraint order against her.
She can very well let out the property as per her desire.
2. Yes , she can do it.
3. The legal fact is that she is the owner of the property, hence she has full rights over the property including the revenue yielded out of this property.
Wife cannot rent the flat if court has passed order restraining her from creating third party rights
2)refuse to vacate flat . Let wife obtain court orders to direct husband to vacate flat
3) you cannot rent the flat as your name is not reflected as owner of flat
Dear Querist
My opinion on your queries are as under:-
1. The husband can get restraining order under Order XXXIX Rule 1 & 2 of CPC if he filed the declaration suit against her wife and in the Order not only the wife but also her other relatives may also be included. this order will not only for the restraining of the sell but also for any type of creation of third party interest. hence if the husband gets this order from the court then she can not rented out that property.
2. Yes, she may, but by the order of the court under section 18 & 19 of the Protection of Women from Domestic Violence Act-2005.
3. Yes, she can, as she is the absolute owner of the property until the declaration of the court passed against her.
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- As per Section 2(9)(A)(b) Exception (iii) of the Benami Transactions Act., It is legally permissible for a person to purchase an immovable property in the name of his spouse from his known sources, and in which position, the property purchased will not be a benami property but the property will be of the husband and not of the owner in whose name title deeds exist,
- Further, as per Delhi High Court, a man will retain the ownership of the purchased property even if it is bought in the name of his spouse, if the purchase has done through known sources of income.
- Since the said flat is in the name of wife , but it is purchased from your fund, i.e. down payment and paying the emi , then you can claim full ownership right of the said flat , after filing a suit for declaration before the court.
- Yes, she can sell the property without approval of husband , if the husband not file a Suit for Declaration and Mandatory injunction before the court. for getting property in his name and to stay transfer to third party.
- No fraud committed by the wife , because the property is legally in her name .
- Yes, after getting order from the court, the said property would be transfer in the name of husband legally ,and further can get vacated the tenant as well.
1. Yes wife can sell the property without permission from husband.
2. Husband can file declaratory suit to claim ownership of that property on ground that he is making the payment through EMIs and wife contribution is zero for purchase of property.
3. No husband cannot remove tenant legally.
4. No
5. No there is no fraud from wife.
6. After getting restraining orders wife cannot give the flat for rent.
7. If court orders to maintain status quo then husband cannot live in that property till case decided in his favour.
8. Yes she can ask new tenant to vacate till she is owner of that property.
1) how much time does it take to file a declaratory suit?? 2)after that how much time it will take to get restraining order?? 3)after getting restraining order , husband can ask tenant to vacate tha flat immediately?? 4)if husband has all the proofs of downpayment and emi's then how much time decleratory suit will go on??till husband can get his name as title.??
Your lawyer can file suit within period of 15 days or so
2) you can get restraining order in a month time
3) you cannot get tenant to vacate property
4) suit would take 10 years or so to be disposed of
1. Around 6,7 months.
2. Abt 10 days
3. Yes.
4. 6,7 months
Now in covid it will be slightly slow but you can file.
Depends on hearing to you.
For vacation yu need eviction order.
It may take 2 years at least to evict. If she goes for appeal it may take time
1. declaratory suit can filed within one week.
2. within period of 15 days.
3.no
4.Usually such type of cases take time, average time will be around 4–5 years. But time period can be varies from court to court, depending upon the courts, attitude of opposite lawyers, no. Of witnesses to be examined from from both side etc.
If you file Declaratory suit also against you still you can defend that too because title of property is on your name. And if you're ready to take challenge to pay pay few next EMI till property get sold out or you can manage by renting property to pay EMI's.
It will take almost net 2 years to get order of declaratory suit. than again you can make it appeal in the high court.
Husband can't ask tenant to vacate when title is on your name. But yes I can stop paying EMI's from now onwards.
1. The time taken for the disposal of the declaratory suit cannot be predicted owing to various factors including the current pandemic situation.
2. There is no guarantee for the restraint order because it cannot be claimed as a right, it depends on the discretion of the court.
3. No.
He has to follow the due procedures of law
4. See the first answer above.
The proof of payments made by ther husband will not entitle him to claim title to the property, hence you may have to depend on your advocate's argument skills to get a favorable decision.
1. You can file the said suit anytime after submitting the proof of income and fund.
2. On the second or third date of appearance of opposite party , restrained order can be passes.
3 .No, until get final decision , or such order can also be passed from the court.
4.Depend upon the burden of the court , and contest of the suit .
- It may take one to three years .
1. You are free to file suit for declaration and seek temporary injunction to stop her from creating third party rights during the pendency of suit.
2. You can file the suit even tomorrow if the courts are open for regular functioning in your district.
3. It is the adjudication of suit which takes time.
1. Tenant cannot be evicted on the basis of temporary injunction.
2. Tenancy remains unaffected by an order of temporary injunction.
before filing a decleration suit and getting injunction,if somehow husband can manage to get his name added in the property, resulting in both husband and wife owner and co-owner. as wife will not come to husband which is sure, so wife will stay in jamshedpur and husband will stay in mumbai 1 )can husband rent the property and get the full rent alone?? 2)can wife cause issues here and can start taking rent to her account by convincing tenant as she is locally there and husband is far away in mumbai. 3)can wife remove the tenant put in the flat by husband and put a new tenant again and take full rent all by herself? 4)in case in future if wife ask/file for divorce, will the property go to husband fully?? or it will be distributed?? 5)do we have a way here to make sure that only husband can put in tenant and get all rent by himself in this case???
Both will share rentals
2) if agreement in joint names then rentals
can be deposited in joint account
3) if wife is sole owner she can evict the tenant
4) if property is in wife name then in case of divorce husband has no share in property
5) wife can execute gift deed in husband name
before filing a decleration suit and getting injunction,if somehow husband can manage to get his name added in the property, resulting in both husband and wife owner and co-owner. Now considering wife will not come to husband which is almost sure, so wife will stay in jamshedpur and husband will stay in mumbai , and considering this situation where husband is owner and wife is co-owner, what will the scenarios in the below cases: Note-->wife is not the sole owner in this case 1 )can husband rent the property and get the full rent alone?? 2)can wife cause issues here and can start taking rent to her account by convincing tenant as she is locally there and husband is far away in mumbai. 3)can wife remove the tenant put in the flat by husband and put a new tenant again and take full rent all by herself? 4)in case in future if wife ask/file for divorce, will the property go to husband fully?? or it will be distributed?? 5)do we have a way here to make sure that only husband can put in tenant and get all rent by himself in this case???
She doesn't want to live with you. She doesn't want that you come back. You can divorce her on grounds of cruelty and desertion.
The property is in her name. You can't do anything. But yes you should stop paying the EMI. Let her pay as it is in her name. You are not obligated to pay.
She knew that you live in Mumbai before marriage so that is no excuse now nit to go there. Don't misbehave with her as she may lodge complaint against you for domestic violence and cruelty.
File a divorce petition and stop paying the emi.
The tenant can be removed by you as you own the property. Being the husband the tenant must be knowing that. If she resists tell her that you are not interested in paying the emi.
The property belongs to her and hence her consent is essential.
Yes you should go ahead and file these cases.
You can evict the tenant. She cannot di anything if you file these cases. She cannot remove you and nor can she remove tenant.
You can evict the tenant by filing an eviction suit. Give him a notice. If he doesn't get out then file a declaratory suit. It may take time to decide but you may get an interim order. Around 1 month.
Both will share rentals
2) if agreement in joint names then rentals
can be deposited in joint account
3) if wife is sole owner she can evict the tenant
4) if property is in wife name then in case of divorce husband has no share in property
5) wife can execute gift deed in husband name
If you become the co owner then you can bring a tenant in the house and tell him that a dispute is goung on between you and your wife and hence he should pay the rent to you and should not vacate unless you tell him to.
She may do these things but you have to be prepared.
She cannot remove the tenant. Yes you should strictly tell the tenant that the rent amount should be deposited in your account. Otherwise he may be evicted.
A co-owner l can rent out the property without of other co owner permission, but they legally have to share the money received for rent.
without proper notice, she cannot remove the tenant.
if wife is sole owner of said property she can remove tenant and take possession and claim full rent.
1. If the property is registered on wife's name then without her consent i.e., without she transferring at lest a portion of the property to his name, he cannot become a joint owner of the property.
Even if he becomes the co-owner with the wife's permission or adopting the legal procedures as mentioned above, he cannot enter into rental agreement as a single owner, she has to be a party to this agreement along with him or she may have to authorise him by a POA deed to rent out the property on her behalf too.
2. If at all the husband becomes the co-owner by adopting the legal procedures, then the wife cannot let out the proeprty on rent on her own nor she can avail the rental amount herself without the permission of POA deed from her husband.
3. Yes, she can do it if she is the only owner of the property.
4. If it is jointly owned then the wife can claim her share in the property even after divorce.
5. If it is a jointly owned property then both of them either have to mutually agree on this so that one can let out the property on rent and collect the rent alone by adopting the legal procedures.
To make the husband as joint owner the wife, who is the sole owner as per the registered sale deed on her name, has to transfer a portion of the property on her husband's name by executing a registered gift deed.
If there is a home loan subsisting on the proeprty then this also may not be possible without getting NOC from the bank/financial institution.
Thus if the property is co-owned by both then they may jointly enter into a rental agreement with the prospective tenant.
In case of joint ownership, either of them can authorise either of them by executing a GPA deed on other's name to carry the said task of renting out the property and to collect the rental amount on behalf of the principal too.
Thus there should be a mutual understanding between them to get the above task completed peacefully without legal hassle.
1. Yes if he has possession but wife can't object too
2. Yes wife can
3. She cant illegally remove
4 husband needs to file suit for said property in court claiming yours
- If wife will not appear before the court after getting summon , then court will pass ex-parte decree in favour of the husband. and hence
1. Yes.
2. No , after getting the order of the court , you will have to send a legal notice to the tenant to attorn you as landlord.
3. No. Legally not
4. Legally wife is not having any right over the property of her husband during his life time , but in case of settlement etc she can claim .
5. Only after getting decree from the court in the declaration suit as i mentioned above.
1. Husband can rent it oout but do not have right over full rent in this situation.
2. Yes this is possible.
3. Anything is possible when both are owners and there is dispute among them.
4. It MAY be distributed.
5. Full ownership of husband
1. Without a declaration from the civil court the only way husband can manage to add his name as co-owner is if wife gifts a part of the property to him.
2. Husband can rent the property only if he is authorised to do this by the owner (wife).
3. If husband has inducted a tenant and landlord-tenant relationship has come into existence then wife as owner will have to file a petition for eviction of tenant to evict him.
4. Property will remain with owner unless the owner transfers it to husband.
Related to this matter, i have below queries, 1) if husband file decleration suit and get restraining order from court , and as the current rent agreement is valid till feb ,2021 and wife is getting the rent , can wife renew the rent agreement once the restraining order is received from court , will wife get rent till the decleration suit is over and property gets registered on husband's name or wife will not be able to renew the rent agreement after feb month and will not get rent after feb month??? 2) can husband go to flat and tell tenant that i am coming to stay in this flat and start staying in flat even if tenant is there who was put in there by wife , do husband has such rights to go to flat ans start staying in the flat even if the tenant put by there in flat and wife is not giving notice to tenant.??
1. If court will pass restraining order, then the wife cannot renew the rent agreement till the finalisation of the suit.
2. Before this , the husband should give a notice termination to the tenant and thereby mention that the husband is the owner of the flat.
Wufe cannot renew agreement without court consent if there is restraining order passed
2) husband cannot stay in flat when it is under tenant possession
1. If the court is passing an order of temporary injunction against the wife and if the temporary injunction order is mad absolute then the wife cannot proceed with the collection of rent or renewal of rental agreement till the disposal of suit.
2. The husband or even the wife on whose name the proeprty is standing now, cannot just like that enter into the flat and ask the tenant to vacate.
This will be treated as crimninal trespass and punishable under criminal law.
For evicting tenant due process of law should be followed.
1. Yes wife is entitled for rent if there is no stay over it
2. No you have to evacuate the tenant first
wife required court order to renew agreement.
during pendency of suit if tenant staying in flat and there is stay order then husband or wife both cannot stay in said flat.
If there is restraining order along with stay for non renewal she can't renew it.
You can't forcibly go and stay with tenant
https://www.financialexpress.com/india-news/big-decision-by-delhi-hc-man-to-have-ownership-even-if-property-is-brought-in-wifes-name/1277657/ as per the above reference case , husband is owner of the property even if title is in name.of wife , so based on this what husband will need to do ask tenanat to leave the flat, do husband still need to file the case and take restraining order from court?? is there any case related to claiming ownership where husband can get some order from court so that he can ask tenant to leave from flat?? do husband need to file.some case related to claiming ownership???
You have to prove that full consideration has been paid by you for purchase of flat
you have to file declaratory suit that you are absolute owner of property
you need court orders to direct tenant to vacate proeprty
Yes husband need to file declaration suit for declaring the ownership
Case to case basis ruling dfifers. No law till date gives exclusive share of self acquired property of husband to wife
You may submit said citation before court.
Yes, husband need to file the case .
- Without getting order from the court , legally you cannot take any legal steps against the tenant .
- However, you should sent a legal notice to the tenant to attorn you as landlord and to pay the rent to you.
You can connect me via kaanoon.com
Yes.
The judgment is for that case.
If you want to prove your title then you must also file a suit for declaration of your title to the property based on that judgment and get a judgment in your favor after which you can establish your title to do whatever you want to do with your property and not before that.
Your title tot eh property is still not on your name hence you get the proeprty title declared to your name before you want to take any legal action on it, or else your claim may not be entertained.
adding details to.my story -->> Part 1--->>> Husband met Narinder Kaur through Matrimonial website jeewansaathi.com. We did court marriage in Jamshedpur, Jharkhand in Feb 2018. Proof: Court marriage certificate. Narinder did not shifted to my residence after marriage and mentioned me that she have been pursuing an educational Course so she will come to Navi Mumbai and live along with me after the final examination in Jul,2019 while her course was not a regular course and she have been doing job in Information Global Services situated at 2nd floor, Aditya Raza Manison,Aambagan, Sakchi,Jamshedpur-831001.So she could have easily shifted to my residence but she refused to do so. Proof: she used to go to the office and order food online and I have food bills that show her address is the same. In Sep-2018, I got a cash amount of 5 lakhs from my brother, which I only gave to my brother as udhaar earlier.I gave it to Narinder in order to do a joint FD. Proof of receipt of 5 lakhs is Stamp paper and travelling tickets and call recordings that tell that it was handed over to Narinder. On 29-Sep-2018, the amount of 35,000 transferred to Her Brother’s Account which I don’t remember exactly why it was transferred. Proof -Bank Account statement. On 17-Nov-2018, a property of value 26,00,000/- situated at Flat no 3/4 ,3rd floor, Natraj mangal Kalash, Bhatia Basti, Kadma, Jamshedpur was purchased by me where in she was declared as sole title holder in title deed of the property. For this, 11,00,000/- was paid as down payment by me from my HDFC bank account and a home Loan of 15,00,000/- was taken from TATA CAPITAL Housing Finance Limited by me. Proof: sale deed, Loan application form, Loan agreement, PMAY form,Loan Repayment Schedule, Bank statement, agreement for sale, cheque proof
part 2---->>>>> In Dec-2018, Narinder told me that she wants to purchase a car, so I enquired about transferring the car to Mumbai thinking that once she will come to Mumbai ,will there be any issue in bringing the car there, I came to know it can be done.so i agreed to it thinking that once she will come to mumbai, she will join a job here and will need a car here to go to office.Here the 5 lakhs rs were utilized by her for the car purchase.I know that a swift dzire was purchased but I don’t know on whose name is it. Proof-Call recordings In Dec-2019, I transferred 2 lakhs 70 thousand to Narinder’s Father Account for his car. Proof-Account statement. and car was sent to me in mumbai but after repeatedly saying that transfer it to my name, it was not done Due to relationship, I could not force them too much thinking not to destroy of relationship, so I agreed that send it to mumbai, it was sent to in mumbai around 25-Dec-2018 Proof->Packers and movers documents. On 27-Mar-2019,I have got again 5 lakhs,which I only gave to him as udhaar earlier, from my brother which I have again handed over to Narinder, specifically mentioning that this whole money should go joined account for which I have gone to Vijaya Bank(which is Bank of Baroda these days) and opened joint account but since I was doing job in Navi Mumbai ,so I couldn’t stay long there and asked Narinder to please deposit this money to this joint account. Proof --unregistered stamp paper of rs 10 signed by me and my brother, railway tickets,flight tickets and call recordings, That in the month of Mar,2019, Narinder made an rent agreement of the flat purchased by me and have been receiving rent every month since then in her Sole bank account(Union Bank of india) while it was conveyed to her that she should get it transferred in the joint account. Proof--Bank statement. In the month of June-2019, Narinder’s father named Awtar Singh got expired.
part 3--->>> In the month of July-2019, Naridner’s younger sister named Harvinder Kaur got married. In the month of jul,2019, she was supposed to shift to my residence and several calls were made to her regarding the same but she has been dilly-dallying it on one pretext to the other. On 11- Nov-2019 and 19-Dec-2019, She has done FD in her sole account union bank of india which was not even informed to me while it was supposed to be done in joint account. Proof--FD account details. On the date of 23-Dec-2019, she finally shifted to Mumbai, however she stayed there only for 4 days i.e 27-Dec-2019 after which she went back to jamshedpur by making lame excuses that environment of Navi Mumbai did not suit her and she were facing health issues, while she didn’t face any serious health issues and same was examined and verified by Doctor in Mumbai. Proof--Fight tickets, Medical reports That after 2 days on 30-Dec-2019, I called her to ask her health condition, and I was told that she was being checked up by a doctor in Sakchi, Jamshedpur whereas medical report provided to me shows that she visited the clinic of some doctor in Kadma, jamshedpur and not at sakchi which reveals that I was giving false information to hide the facts. Proof->call recordings, whats app, Medical report photo. In the month of Jan,2020, I visited to see her and told her to take care of her health for 2 months and once she becomes healthy, I would come to bring her back to Navi mumbai to my residence with me but there was no response provided by her or her family member on this. But we have gone to movies, Malls for shopping and restaurants. only when i say that come to mumbai then they say that she is sick while in jan last she has been visting office as i see food was ordered by her to her office address Proof-flight tickets,Credit card bills for shopping and restaurants and facebook pics, food bills
part 4-->> In the month of Mar-2020, I went to meet her along with my father where she told my father that she will not be able to come to mumbai but she will live with me in the flat purchased by me in kadma,jamshedpur. Proof->flight tickets and train tickets. In the month of Apr-2020, I asked her to share the Rent agreement for the flat purchased by him but she refused to do so, and here I called her and abused her out of frustration for which she might have call recordings Proof-- whats app screenshots In the month of Apr-2020, I have done facebook chatting with her friend and told her the story and called my wife a fraud and ghatiya over facebook chat, she would have screenshot of this. In the month of May-2020, I sent her SMS and whats app messages to give eviction notice to tenants but there was no reply from her side on this. Proof -- whats app screenshots. In the month of July-2020 ,I travelled to jamshedpur with my father again with an aim of residing in the bought property of jamshedpur with her in order to commence the conjugal life. But she has refused to give eviction notice to the tenants and when I along with my father tried to visit the flat, we were threatened and criminally intimated by the third party saying that this flat comes in area of MLA and if we will go there,then there is probability of firing,out of which I might lose my life. Proof-- Flight ticket and train ticket. Notes: Approx 1 lakhs 50 thousand were sent to me by Narinder after asking several times that you are not doing the FD ,so transfer it to me and I will do it in a joint account.Rest of the amount, she kept with her and Did FD in her sole account of 3 lakhs. Approx:50,000 rs were transferred by me to my wife from time to time as per her demand.
Summarizing transactions: 5 lakhs-->used in car for Narinder 2,70,000->for her father’s car which is being used by me 3 lakhs-->Narinder has done Fd in her sole account 35,000-->transferred to her brother’s account. 1 lakh-->>she has got from Rent. 1.5 lakh-->>returned to me. 1 lakh-->>she used for miscellaneous expenses. Total:-->>14 lakhs 50 thousand including rent. Please guide me on this if i should go for conjugal rights and title ownership case, or i should opt.for divorce and title ownerahip case or i can opt for a fraud case herw?? can this be considered as fraud case??
File for divorce on grounds of mental cruelty
2) wife refusing to stay with husband amounts to mental cruelty
3) also file declaratory suit that you are absolute owner of property
You need court orders to evict the tenant
When you raise query you have to be brief and to the point
summarise your case in few paras
You can opt for one of the both depending what action you take as per your facts and detailed legal advice. Yes you can file fraud case but it's difficult to prove in court
Go for divorce case and ownership case
In my opinion there is no necessity for a RCR case at this juncture.
You may even postpone the idea of filing divorce case for the present.
You may first try to secure your money and the property that you have bought on her name.
If at all she is taking a legal action against you to avenge you, then she may adopt the legal terrorism namely filing a false complaint for dowry harassment or DV case etc..
You can mentally prepare to challenge the same on merits and the supporting documentary evidences in your possession.
You may first file a suit to recover possession of you property and also for recovery of you money given to her.
This will help you to challenge her false dowry harassment case if at all she is filing one against you.
If the rift between you both is widening and it is no more possible for you to continue the married life with her, then you can file a divorce case on the grounds of cruelty later.
file a suit to recover possession of your property and also you can file divorce on grounds of cruelty
- If you want to continue with her , then file conjugal rights .
- Further when you will file for ownership , then she may create problem .
- Hence you can opt divorce case with ownership case .
1. You should go for RCR and declaratory suit against your wife because if you win RCR case then you don't have to pay any maintenance to her.
2. If you want to get separated and made up your mind then file divorce petition on ground of mental cruelty and dissertion.
3. You can lodge FIR against your father in law and wife for fraud but chances that police will not lodge FIR easily so you might have to file criminal complaint before magistrate.
You have all the proof that proves that you paid all the money.
Yes you have all the wvidence pertaining to this transaction also of car cash too.
She is faking all the medical problems.
I think she is a cheat and a fraud. Her whole family has duped you for your money. It is better to elave that woman and sell the property. Was it a love marriage? Did you know the girl earlier. I am asking all these questions because i am handling a similar case wherein the girl has the same problems is a sikh and resides in jamshedpur.
You may file a rcr application immediately. After that file a divorce petition.