Belongs to Kolkata, love marriage in Dec 2004. She is doubting nature and dominant person.having 2 kids daughter is in 10th son is in 3rd std. She is staying at my 3bhk fully furnished flat which I have taken on coy loan. She put DV, 125, 498A ,323 and sec 31 as telephonically I said "sab khatam Kar denge" now and then she called in 100 no. 3 times police Jeep came and took me custody. Charges 151. I am staying at rented house. DV -17 jul 20, FIR-23 jul 20. Family court ordered 40k + kids education fees+ medical+ cricket academy fees. High court made it 50%. 1st day at mediation she denied to stay with me. 1. What should be the 2nd proposal as mediator asked. My income 54k+18k( Naval pension) 2. I want to take custody of kids or court should select boarding school for kids as their future in toss. 3. I want she should vacate flat so I can sell it out to repay coy loan ready to pay 6-7k rent to her for 1bhk flat
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Welfare of children is paramount consideration
2) court would grant you visitation rights
3) you can seek joint custody of children
4) file for divorce on grounds of mental cruelty
5) wife refusing to stay with husband amounts to mental cruelty
6) after divorce file suit for eviction against ex wife
7) in alternative stop paying EMI of flat let bank auction the flat
renting a shelter, you can handover key to her in Court and take possession of flat. Court will order her to give possession.
1. If she's unwilling to stay with you, then you can ask her to sign the papers for mutual consent divorce.
2. You can put the condition for the children to be under your care and custody, if she doesn't agree then you can file a child custody case separately.
3. You can issue a legal notice to evict her with an assurance to provide accommodation elsewhere in a rented premise.
Put your suggestions before mediators. The present scenario you have two options . File a divorce case and custody application . If she is ready then file a mutual consent divorce .Welfare of children is paramount consideration of custody.
1. Give her lumpsum payment around 5-10 lacs as permanent alimony amount.
2. For Custody- Court favours the anyone of the parent who can take better care of thr children like if you can convince the court that you’d be in a better position to take care of children rather than your wife (your income and standard of living)
3. She wont vacate the flat untill unless you provide her alternate place to live by filing application in the court stating all these reasons of repayment of loan and all.
Thanks & Regards
You need to get eviction order against your wife if she doesn't vacate the premises
- If she has told the mediation that she is not interested to live with her , then request the mediator to record the her statements , however such statements before the mediation center cannot bound her , and only statement before the court having legal value in the eye of law.
- Further , if she is not interested to live with you , then take her consent for mutual divorce with the condition of child custody.
- Further, as per law she having her residential right from you but cannot claim any share in your property .
- You can send her a legal notice to evict the premises and inform her that you are going to surrender the same before the bank etc.
- If no vacate , then file Mandatory injunction suit against her .
Dear sir,
If your wife is unwilling to stay, then kindly ask her to sign on a mutual consent divorce. you can also file before the court for custody of children separately. Also you can file a legal notice for evicting her out of the property and assure accommodation somewhere else
1. How family court can order 40k + kids education fees+ medical+ cricket academy fees if your income is only 72k.
HC ordered properly that both of you to pay 50% each.
2. for kids custody you have to file GWC case.
3. you can give alternative accmadation but it cant be 1bhk if she was living in 3bhk.
