Divorce


I want to file petition for divorce.. we both stay in co-owned property.. emi of which is paid by him... my ? Can i continue to stay in same home and fight this case.. my marriage is 22 yrs and we have 2 kids aged 18 and 14 yrs..
 
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Yes, you can file divorce case while living in the same house. As such there is no prohibition.
 
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What can i do for the safety of myself and my kids. As he would enter the home drunk and beat me and kids and harass us like.. he wld open up the gas.. and says he wil burn the entire home.. he take knife and threats us.. and this is a everyday affair.. physical and emotional torture...
 
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What can i do for the safety of myself and my kids. As he would enter the home drunk and beat me and kids and harass us like.. he wld open up the gas.. and says he wil burn the entire home.. he take knife and threats us.. and this is a everyday affair.. physical and emotional torture...
 
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Lawyer

Along with Divorce Petition, file a complaint under Protection of Women from Domestic Violence Act.  It will enable you to have a safe stay in your house.

 
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Lawyer in Hyderabad.Email Id:ramachary64@gmail.com

My suggestion is why do not you bring your home affairs problems to your parents and his parents to solve your family problems ? It can be solved amicably instead of going to public. 

 
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Advocate

As the house is in joint name of both of you, you cannot stop his entry or use his house and filling complaint under DV Act, to prohibit his entry in the matrimonial home will not be allowed, wrong suggestion given to you.

As far divorce is concerned, that will take ample of years to decide and as in your case it will not be so easy to obtain if your husband doesn't agree for it.

The husband will like to have his part of the property and this house will have to be sold to pay his part of money invested by him to buy the property. Without this he will by no means agree for divorce by mutual consent. If you want to continue living in the house and not ready tom sell it, than you will have to pay from your pocket the amount of money he invested in the house, that will make you pauper with the responsibilties of two children and EMI of the bank.

You husband is supposed to share for he children's maintenance which if he refuse you can ask through court but for yourself as you are in job you won't get financial relief.

Easy said than done for anyone who speak of taking divorce in India.

 
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I understand divorce is a painstaking long process. I want support in understanding: 1. After he lost job from hdfc bank, for starting business he made me take 17 lakh mortgage loan on properly owned by me. How law can direct him to honor EMI for this loan. As the complete money is used by him. 2. We have a co-owned apartment, which we stay now... will my kids a portion or wl it be 50% between both of us...
 
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Lawyer

FREE legal service on this platform with limited information provided by you may become harmful to you in forming an opinion and advise you properly. 

 
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Lawyer

Your problem(s) are multi-faced, for which you should consult a local lawyer.

 
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