You can pray for distress warrant and clearing of the dues later through attachment of Property. You can take residence orders and protection orders and stay at your matrimonial house.
Joint Property -matrimonial dispute
My husband is physically abusive so i had to leave my matrimonial house in Mumbai in 2012. I moved back to my brother in Indore. Since he knew I would file DV case, he took advantage of the time between me leaving matrimonial house and filing DV case 3.5 months later in Indore. In between he bribed Mumbai police and filed false police complaints on me u/s 420, 340, 389, 506 etc and further filed for divorce. It has been 5 years, neither he clears interim maintenance dues nor does he compromise for divorce. He is not ready to give anything in alimony. Courts intervened, no outcome. We have 2 properties in Mumbai, one in which we were staying after marriage and he is currently staying there. Second is the one we bought during marriage in both the names. The registration is not done. He approached the builder through an email to remove my name from sale deed stating all the cases and pending litigation and giving immature reasons like I am no more behaving like wife etc. The builder replied to both through email that it will be registered in both the names. My questions are: 1. i need a shelter of my own. Maintenance dues are pending since 2 years. In such a situation, shall i move back to my matrimonial house as my right, despite the fact that DV case is going in Indore and interim maintenance is decided on paper (irrespective of he is paying or not). My reason is he is staying there with some other woman and living a smooth life. His life will get disturbed and he may come for a compromise or pay maintenance. 2.He will never agree for registration of flat in both names. in such condition, is there any provision of getting half the flat registered in one name or any such provision so that i use my share as roof on my head. Things are getting bad between me and brother wife. I cant afford rent but have to move out. P.S. My husband himself is in legal department (not lawyer) and is well connected. He has been successful so far in doing all procedural delays. I waited for the hope that maintenance will be cleared but every time there is something new or he pays 5-10% of pending. Against decided execution in Dv case, he filed quashing of DV which is pending now. Please suggest solution. Thanks, Vaani
Asked 7 years ago in Property Law
Religion: Hindu
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7 Answers
1) you should take out execution proceedings if husband refuses to pay maintenance
2) court can attach his salary for non payment of maintenance
3) dont return to your matrimonial home at present
4) you can seek right to stay in flat which is bought in joint names
5) in alternative you can take out contempt of court proceedings if husband has failed to comply with maintenance orders
Dear Mr. Sethi 1. Execution is already decided. Warrants were issued. Then he filed quashing in which he paid 10% of dues to get stay on arrest warrant. Now judge in DV case keeps waiting what HC will say and does not take any action. He puts just another additional 1 month date to HC date. 2. Husband left his job 3 yrs back but working. I don’t know where. Properties list given for attachment 5 months back. No outcome. 3. Is it illegal? What impact it may have? 4. The builder has not given possession of flat so far. How can I get half the possession? Husband will never agree for registration or possession. In my knowledge 10% of full payment is pending. If I arrange 5% and pay, is there any provision to get half the possession? Or any other solution. 5. Where and how can I do that? Also, any additional case gives him time to file more and more applications. Dear Mr. Prashant, 1. Application filed for warrants and attachment. Court is not doing anything. 2. for second part of your solution, court is saying - you are granted interim maintenance for the purpose of taking care of all your expenditure. if i tell, it's only on paper, court says follow the process!
Asked 7 years ago
1) make application before HC seek expedited hearing as no maintenance paid for 2 years
2)if husband left his job it does not absolve him from paying maintenance
3) builder would deliver possession after OC is issued and regd sale deed executed in joint names
4) you would not get half the possession
Dear Cleint,
If maintenance has been ordered by court, why you bothering, for non payment court will issue arrest order and still not pain, he will send to jail.
This is incompetency of your advocate in HC, cases dose not drag/adjourn so easily at the instance of accused, your advocate would have objected it, and he is not able to than change the adv.
Outcome will come, press your advocate.
Mere purchasing in joint ownership dose not make you actual owner as your husband is main contributor towards purchase, you can seek residence right or rent for separate accommodation under PWDVA.
By paying 5%, ownership will be of 5% in property.
builder will definitely remove your name for the flat to be allotted in joint names
if builder does that, he will invite legal trouble against him
if you have contributed for the purchase of the flat then builder cannot and will not remove or delete your name just on the basis of the email sent to him by your husband
when builder notifies you that flat is ready for possession with OC, you as a co-owner can take possession from builder
when builder mails you agreement for registration, you can sign it as a co-purchaser and express your willingness to comply with registration formalities
1. You can live in your matrimonial home till you remain the legally wedded wife.
You can enter into that house by force, he cannot stop you.
2. There is no question of splitting the flat, since it was purchase jointly the builder will execute the sale registered on both the names jointly.
3.
The builder has not given possession of flat so far. How can I get half the possession? Husband will never agree for registration or possession. In my knowledge 10% of full payment is pending. If I arrange 5% and pay, is there any provision to get half the possession? Or any other solution.
The flat cannot be split into two as per your desire.
There is no provision to register half of the property on a single name also.
If he is not agreeing for joint registration, then the builder will not deliver possession.
1. Application filed for warrants and attachment. Court is not doing anything.
Court will not follow up the order, since you are the victim, it becomes your duty to follow it up properly.
2. for second part of your solution, court is saying - you are granted interim maintenance for the purpose of taking care of all your expenditure. if i tell, it's only on paper, court says follow the process!
You have to file a collection petition in the manner known to law and follow it up properly as per procedures in order to avail the same.