Simple (self) 22 December 2013

Statement of evidence

I have filed a one sided divorce petition in Bombay High Court in 2010. My husbands side has used delay tactics so that matter has not progressed since then. The next court hearing is on 26 dec, where I was intending to submit my statement of evidence. Today my estranged husband has suddenly approached my lawyer for a settlement. This has happened many times in the past and based on history, I believe this is only a delay tactic so matters do not progress in court. My question is 'Can i convert the petition into a mutual consent after the statement of evidence is filed? The settlement is complicated as there is a house and a corresponding housing loan in joint names which needs to be settled and my estranged husband does not want to give me my share of the property... Any advice is welcome...

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T. Kalaiselvan, Advocate (Advocate) 22 December 2013

simple,

As name suggests, it is very simple issue, if the property is in the joint names, since you both are not on good terms and have been eager to part ways for quite some time in the past, it is better you go for a partition of the property claiming your share in the property or to be compensated in terms of money in lie of any share in the property. It is always better that you read the terms and conditions with regard to the property before signing any agreement with his in this connection. Divorce issue is a different subject to that of the property issue, do not mix up both together, seek relief separately on separate issues accordingly.

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Simple (self) 23 December 2013

so the family court will not decide on the property matter? The divorce can proceed even if there is a disagreement on the property settlement? Please advice urgently as this seems to be the main reason for holding back my submission of evidence in the family court.

They do not wish to give me a share in the property nor adequate compensation inspite of the fact that I have contributed to the property. Is it possible to get a divorce pending settlement of the property matter?

T. Kalaiselvan, Advocate (Advocate) 23 December 2013

The divorce and the property dispute are two different subjects, do not combine both together and get confused. If you have proof for contributing to the purchase of property, deal with it separately, the divorce issue can be contested/prosecuted separately with or without making an agreement about the alimony or monthly maintenance and other issues.

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