Share in matrimonial property
My husband has filed a divorce case in Pune and is not letting me enter my matrimonial house. Now i am living with my parents in Delhi. Now I got to know that he has put that house on sale. How can I stop the sale of the house.
Note: He is the sole owner of the house and is paying the loan for it. I am not working currently and was a fulltime housewife during the marriage, Though I was working before marriage and also had paid certain amount in cash and account transfer to my husband for buying of the flat. How can I claim for my share? Is it possible to file a case for the same in Delhi, as my husband is threatening me to not to come to Pune.
Asked 2 years ago in Family Law from New Delhi, Delhi
Hi, you have to file a suit before the family court in Pune not to alienate the property, as your share in the property is also there.
2. Trial court will grant the order of injunction restrain your husband not to alienate the house and later you can file a transfer petition before the Supreme Court and transfer the case to the Delhi.
You have the right to reside in the matrimonial home as long as you are his wife. The right to residence can be enforced by filing a case for domestic violence. To restrain him from selling the property you should seek injunction against him by filing a lawsuit. You have no share in the property. The only right you have is to reside therein. The case can be filed where you are residing now.
1. If the house belongs to him then you can by filing case under PWDV Act can put restraint order in the house on sale. Moreover you can seek order of residence in that house as well.
2. However you can not claim any share in the property.
3.If you are presently staying in Delhi you can file such case in Delhi very well.
1) file Dv case and seek right to stay in matrimonial home
2) obtain an injunction restraining husband from selling the flat
3)contest divorce case .filed in Pune
4) if you want share in flat you have to prove transfer of funds from your account to husband account
1. File a partition suit of the said flat claiming that you had paid some amount for buying the flat for which yiu have a share on it,
2. At the same time, file an application praying for an order restraining your husband from selling of the said flat till the suitb is disposed of. This way you will be able to stop him in selling the said flat,
3. You should also lodge a police complaint at Pune u/s498A of IPC against your husband,
4.At Delhi you can file DV case and also Divorce Suit claiming substantial compensation from him.
Your Husband cannot stop you from entering your matrimonial home as long as you are married to him,
1. You may approach the local police station at Pune for help and get an entry in the house.(Police normally call the husband and reason out with him, sometimes by explaining him about 498 A in detail)
2. If you don't want to try the first option and if you don't want to come to Pune then You may file DV case at Delhi and a) pray for residence order for staying in Matrimonial home and b) Protection order restraining him from alienating the property.
3. Contest the divorce case on Merit and claim compensation.
4. If he ever threatens you please record the conversation and lodge a police complain.
Advocate, Mira Road, Thane
You can file a DV case against your husband and seek residential rights in the matrimonial home. He cannot stop yo from entering the matrimonial home till you are his wife, if you plan to enter into the house, give a complaint to the local police, seek their protection from you husband or his close relatives if they obstruct your entry or pose threats or create problems or indulge in violent acts against you during your forcible entry in the matrimonial house. Once you have squat inside the house, he cannot forcibly evict you nor he can dispose the property without vacating you.