• Divorce

My husband was in debt , and he has an affair with one divorcee girl from last 7-8 years. So when i came to know all this he wanted to sale home but i apposed it. He and his relative try to sale home without my concern by locking the home . but me and my daughter appose and lived in that home so he can not sale home . When he was under pressure from his debtor he is ready to do three part of home and i have given money by registered sale deed through cheque

Now i want to give divorce on adultary and physical mental harassment him but he is not ready for that if i file contested divorce he threat me that he will go to court and will take home. if i got divorce and it is not mention in sale deed that he has given me possession will i lose My home or what ? how can i move him from home
Asked 7 years ago in Family Law
Religion: Hindu

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4 Answers

1. He cannot take you home without your consent. The maximum he can do is to contest the divorce petition as and when you file it.

2. It is not clear from your query as to who is the owner of the house. If he is the owner of the house then he is at liberty to sell it, but you can file a case under section 12 of DV Act to seek injunction against him on the ground that sale by him will defeat your right to residence.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1. if the house is owned by your husband and you are in possession of the house then he can not evict you from the house through legal recourse.

2.Howeevr to safeguard your occupation theirin file case for maintenance under PWDV Act and seek injunction against its sale.

3. Yes if he contests the divorce suit it will take sometime but that would not damage your right of possession of the matrimonial home.

Devajyoti Barman
Advocate, Kolkata
22779 Answers
484 Consultations

5.0 on 5.0

1) file DV case against husband and seek protection order

2) seekinjunction restraining husband from selling the house

3) also seek orders restraining husband from entering your matrmonial home

4) file for divorce on grounds of adultery and menal cruelty

5) your husband cannot evict you from your matrimonial home

Ajay Sethi
Advocate, Mumbai
94523 Answers
7485 Consultations

5.0 on 5.0

If the property was registered on your name by a registered sale deed, then the property belongs to you and you are the absolute owner of the property. He cannot retrieve the property for any reason once he alienated or transferred the property by a registered sale deed.

He is trying to threaten or terrorise you to dissuade you from going ahead with the divorce proposal.

You need not be worried about such gimmicks, you can go ahead as per your plans, let him try to adopt what all tricks he has under his sleeves.

You can challenge all of them on the basis of merits and evidences in your side.

T Kalaiselvan
Advocate, Vellore
84722 Answers
2172 Consultations

5.0 on 5.0

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