Buying a flat during divorce process


Hi There;

One of my very close friend married in 2008. His wife has deserted him since March 2009.

A RCR was filed by my friend but she could not turned up in court and ex-parte decree for RCR was granted in my friend’s favour in Aug 2014.

 

He field a divorce case on ground of desertion soon after RCR decree passed and court accepted that. During the divorce case also she did not turned up in court until a notice was published in news paper upon court advise in Dec 2014. Finally she appeared in court and claimed that her father has given so much money to my friend and they have tortured her. All false allegation she made. Her layer also argued that divorce case should be dismissed, because as per law divorce case only be filed after one year of RCR decree. But court refused to accept their argument and did not dismiss the divorce case. As of today all witness from my friend side have been completed. Now its her tern. But her lawer is giving time petition and keep extending the case.  

 

My friend is a NRI and upon court request he came in court for compromise but she refused to go with my friend. She has told several times over phone to my friend that she has a boyfriend in Patna and she will never come to him. But, she will not give divorce. She is harassing my friend. Her parents are also very cruel and nasty fellow.

Even judge advised her, either go with husband or agree for divorce but she did not agree to judge. She is contesting.She keep changing her mobile and location. No trace of her.

As we see time is passing on and she is not agreeing to compromise.

What will happen if my friend remarry and keep his 2nd wife details hidden (No proof of marriage) and prolong the divorce case. She will have to yield and compromise. What can happer to my friend in worst to worst scenario.

Also, he is planning to buy a flat in India. Is it ok if he take home loan on his name and complete property registration on his name. Or will it be good idea to register the property on his parents name.

Please advise.

 

 
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Manager

Originally posted by : sridhar0123
Hi There;

One of my very close friend married in 2008. His wife has deserted him since March 2009.

A RCR was filed by my friend but she could not turned up in court and ex-parte decree for RCR was granted in my friend’s favour in Aug 2014.

 

He field a divorce case on ground of desertion soon after RCR decree passed and court accepted that. During the divorce case also she did not turned up in court until a notice was published in news paper upon court advise in Dec 2014. Finally she appeared in court and claimed that her father has given so much money to my friend and they have tortured her. All false allegation she made. Her layer also argued that divorce case should be dismissed, because as per law divorce case only be filed after one year of RCR decree. But court refused to accept their argument and did not dismiss the divorce case. As of today all witness from my friend side have been completed. Now its her tern. But her lawer is giving time petition and keep extending the case.  

 

My friend is a NRI and upon court request he came in court for compromise but she refused to go with my friend. She has told several times over phone to my friend that she has a boyfriend in Patna and she will never come to him. But, she will not give divorce. She is harassing my friend. Her parents are also very cruel and nasty fellow.

Even judge advised her, either go with husband or agree for divorce but she did not agree to judge. She is contesting.She keep changing her mobile and location. No trace of her.

As we see time is passing on and she is not agreeing to compromise.

What will happen if my friend remarry and keep his 2nd wife details hidden (No proof of marriage) and prolong the divorce case. She will have to yield and compromise. What can happer to my friend in worst to worst scenario.

Also, he is planning to buy a flat in India. Is it ok if he take home loan on his name and complete property registration on his name. Or will it be good idea to register the property on his parents name.

Please advise.

 

Better to buy on Parents Name until divorce is complete.

Every one may have a Price..so she is harassing so that she will get some money....

Hey Sridhar....I and You know if he gets married second time..just kidding :)

Acually the second marriage is not valid..and if found and proved he can be sent behind bars...

Since he is an NRI...he may Marry in the Country where he lives....

 
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Thank you very much for your response. Actually for home loan he should also be a co-owner with his parents. Will it be good if the flat is registured on his name together with his parents name.

Also, she has not field any case against my friend, because her father did not support her. His father tried counselling her. But failed. She is in relationship with some one.

Even Local lawyer told him that, if there is no photo, video then it will be very difficult for them to proof.

In worst case if they manage to proof bigamy. He can prolong the case in lower court for 7 years then high court and supreme court.

All it can be stretched to 10 years easily. And for 10 years his 1st wife will not be un married without kids.

Please provide your valuable comment.

 
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