Divorce

Patel Jyoti (Querist) 13 December 2017 This query is : Resolved
I got married in 2006, I have a daughter (9 years old), my husband is too greedy, Chamdi jay par damdi na jay. He becomes angry very easily. He is one year younger than me, ours is arranged marriage. As usual people suggested along with age and responsibilities of a child - will reduce the anger. But nothing like that happened, but it kept on increasing. His mental and physical torture has increased like anything, I just bearded all things due to my daughter but then there was a time it became unbearable and decided to get divorced. My father is very orthodox - one more reason for bearing all this nuisance was his non supportive nature. So without taking my family in trust I decided to take divorce, we filled mutual consent but he started spreading the words in our society that I have affair with some one and hence I am giving divorce and not he, hence in court after cooling period I denied for divorce and we are still married.
For mutual divorce he has put the condition that if I give house to him (the house was bought in 2013 owned by both of us - me and my husband) , I was not interested in Money at all, was so much frustrated that living with peace was preferred over anything else (I was confident that I could earn well for my livelihood and fortunately I got the government job as well), I did one more stupidity that my jwellery (which my father gave) which is with my father in law , I left that too, with the trust on my father in law that he will return me for sure but now he is denying, they are putting the condition that they will return me only if I will give divorce.

I want to know that - can I claim that house again as I was doing job throughout these years and gave each penny of the salary to him,( so as he doesn't fight , I never preferred money over family but he is of reverse opinion - money over family)

And can I claim the money I earned so far?
I am not interested in fetching money from him as alumni but I want my hard earned money back. I was taking care of house hold expenses and some money he used to take through cheque,
I am a teacher, my salary was paid by cheque but I don't have proof for my tuition income. So I don't have much proofs. Does this weakenes my side?

I have tried to get the matter resolved through social pressure but in vain, now those grey hairs of my community are suggesting to go through court but I am not sure how much the court will be helpful to get me the amount from such a greedy person.

Kindly suggest me the best possibility in my case

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Patel Jyoti (Querist) 13 December 2017
I got married in 2006, I have a daughter (9 years old), my husband is too greedy, Chamdi jay par damdi na jay. He becomes angry very easily. He is one year younger than me, ours is arranged marriage. As usual people suggested along with age and responsibilities of a child - will reduce the anger. But nothing like that happened, but it kept on increasing. His mental and physical torture has increased like anything, I just bearded all things due to my daughter but then there was a time it became unbearable and decided to get divorced. My father is very orthodox - one more reason for bearing all this nuisance was his non supportive nature. So without taking my family in trust I decided to take divorce, we filled mutual consent but he started spreading the words in our society that I have affair with some one and hence I am giving divorce and not he, hence in court after cooling period I denied for divorce and we are still married.
For mutual divorce he has put the condition that if I give house to him (the house was bought in 2013 owned by both of us - me and my husband) , I was not interested in Money at all, was so much frustrated that living with peace was preferred over anything else (I was confident that I could earn well for my livelihood and fortunately I got the government job as well), I did one more stupidity that my jwellery (which my father gave) which is with my father in law , I left that too, with the trust on my father in law that he will return me for sure but now he is denying, they are putting the condition that they will return me only if I will give divorce.

I want to know that - can I claim that house again as I was doing job throughout these years and gave each penny of the salary to him,( so as he doesn't fight , I never preferred money over family but he is of reverse opinion - money over family)

And can I claim the money I earned so far?
I am not interested in fetching money from him as alumni but I want my hard earned money back. I was taking care of house hold expenses and some money he used to take through cheque,
I am a teacher, my salary was paid by cheque but I don't have proof for my tuition income. So I don't have much proofs. Does this weakenes my side?

I have tried to get the matter resolved through social pressure but in vain, now those grey hairs of my community are suggesting to go through court but I am not sure how much the court will be helpful to get me the amount from such a greedy person.

Kindly suggest me the best possibility in my case

Vijay Raj Mahajan (Expert) 14 December 2017
Two important issues which I see in your case.
Firstly your Istridhan lying with your father in law that he refuse to return unless you agree for divorce and secondly the house that was purchased in joint name with your husband, you want your share in that house.
Yes you have right to claim both these as its your absolute properties, the Istridhan as well your share in the house property. If your husband and father in law are refusing to hand over your lawful share in the house and your Istridhan than it becomes your legal right to file criminal complaint against both of them under section 406 IPC. I will not suggest lodging FIR under 498A, 406 IPC but FIR u/s 406 IPC only as your intention is to get your both these properties back which is being refused or denied by both these persons.
The question of divorce etc. comes after the issue of the above two get resolved. The husband and father may be miser of highest level but that doesn't give them right to keep in their possession the absolute properties belonging to you.
As there is Hindi saying "Jab ghee na niklay tu ungali teeri karni parti hai", so do it now.