noina arora ( ) 07 April 2012

Right to property concerns

My husband left me and my daughter in jan 2010 and within a month filed divorce case against me from his hometown in Haryana. I got it transfered to ghaziabad court through supreme court of India......The transfer took almost one year and it was good for me because at that time I was thinking delay is good, may be things become amicable in the mean time. When he left my daughter was 1.5 years. During that 1 year he was never concerned about me or my daughter nor gave any clue where he is.

I was really shocked initially thinking what is happening in my life but started leading a normal life with passage of time. Case got transferred to Ghaziabad court but there too it is just delaying.....He filed another petition that he wanted daughter's visiting rights almost 1.5 years of our seperation. I admitted by daughter to one of the best schools provided her with all facilities as I am working too.

The house which he left was a joint property in his and my name. He stopped paying the installments or any expenses in order to harass me. Now almost since 2.5 years I am paying installments of almost Rs. 30,000 per month of house and taking care of my daughter withour any financial support from his side. He never thought I would be so bold that I would manage all on my own. But trust me, God gave me so much strength that I managed all well.

Now after 2.5 years of seperation he came to the home to meet my daughter (visiting rights are at home) and said that since its joint property he will stay here which I can never ever accept. I have become so independent during these 2.5 years that I cant even think of staying with him anymore.

Is it possible for him to come inside house by force.....what can I do????? Please help......

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6 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 07 April 2012

You can take a protection/residence order whereby the court may order your husband to move out the property till a concrete bifrucation of property or other settlement is had. As regards visitation rights - the courts feel it is conducive to the welfare of the child and his overall development that both parents should have contact with the child. hence visitation rights would be difficult to rebut unless a really strong case is made out.

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noina arora ( ) 12 April 2012

Thanks a lot Advocate Bharat. Can u please guide me how long will it take in my case to get divorce from him. He has already applied and I am interested too to give him divorce.

stanley (Freedom) 13 April 2012

Its good to know you are independently caring for your daughter all on your own . You would have to file a civil suit in order that the bifurfication takes place or else talk to him and tell him that you would pay him his share of the propertly and get the property title done on your name . Filing of a false domestic violence case and asking for a protection / residence order would belittle you . As a matter of fact i can see from your post that you can be proud of bringing up your daughter with pride whereas you could have easily asked for maintanence for your Daughter through CRPC 125 .Keep up the sprit and give what belongs to each other and you can be proud of that .

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Adv. Chandrasekhar (Advocate) 13 April 2012

you can move an application in Gzb. court saying that you are also interested to get divorce, even though you are not admitting the grounds mentioned by husband in his divorce petition. As both husband and wife are interested in divorce, the hon'ble court will convert the case into mutual divorce case and record first motion and after six months recrding second motion, he will grant divorce.

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Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 15 April 2012

How much is a question no one would be able to answer with any surity.

Regarding property you have been guided well.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

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noina arora ( ) 22 April 2012

thanks all for the replies..... i have recently filed for maintenance but now there is transfer of judge so might take a little time....i really dont understand why justice is so delayed in Indian courts....never knew about it prior to my case...i personally feel something should be done.... u go to court just to get another date....sometimes strike....sometimes transfers....sometimes holidays.....the dispute should be solved within a month or so....It has been 3.5 years since I am leading a seperated life and if courts feel that by doing so divorces would be discouraged than I would wait for another 20 years but I am very clear that I have to divorce him.

@adv chandu...i knw if i am going to file for mutual consent I am not going to get anything from him.... he is a big time miser.... and I feel my daughter should get her rights...... after getting the maintenance notice from my side....his parents are approaching after 3.5 years of our seperation. They want things should be sorted out between both of us.

Damn it....female is not a property that u leave whenever u want and come again whenever u wish...Thank the almighty for making me independent but I really pity for all those girls who are suffering coz of a bad marriage...My gold jewellery is also with them which, in the court they are refusing that its not with them..Life is appearing to be a daily soap waiting for the next episode...Just wondering is this what is called marriage ?????