Contested divorce

slash (Querist) 12 September 2010 This query is : Resolved
i had a three year duration of marriage. Now my wife wants her independence but does't want to divorce me. she wants my money, property (joint) and had filed a false complaint in women cell. luckily i had moved to a hew house and filed for divorce based on cruelty and harassment She has also changed her address which i do not know.
My concern is an outstation joint property(20 L) under construction .I have payed 10 L and she 1L. rest installment we haven't given.My lawyer advices me to apply for Suit for specific performance ( she isn't working). the court fee will be 10% (2L). should I go for the case and how will it affect my divorce petition (as wife has 50 % stake in husbands property)?

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Guest (Expert) 12 September 2010
IN CASE SHE DOES NOT HAVE ANY MONEY SHE MAY NOT BE IN A POSITION TO PAY BALANCE AMOUNT.HENCE IT IS BETTER IF POSSIBLE TO DISPOSE OF THE OUTSTATION PROPERTY AND PREVENT FUTURE LOSSES.WHAT EVER AMOUNT YOU HAVE PAID CAN BE RECOVERED FROM THE BUILDER OR PURCHASER BY MAKING APPROPRIATE AGREEMENT.
YOU MAY WRITE AND SEND DETAILS FOR ANY FURTHER HELP.
THANKS.
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE.9271971251, 9960223100
e.mail.nandkumarbs@sify.com
e.mail.adv.nbsawant@yahoo.co.in

s.subramanian (Expert) 12 September 2010
You have to go in for the suit. it will not affect the divorce petition in any manner.

Raj Kumar Makkad (Expert) 12 September 2010
You have very limited options. Specific performance is not the appropriate remedy if house property has already been purchased in the names of husband and wife in joint names in equal share. You have to deposit balance amount of Rs. 9 lakh pertaining to share of your wife who has even not left her latest address and is missing.....

I think, you should file a suit against your wife for partition and possession before the competent civil court and should get published notice through paper publication and meanwhile should get stay order against any action on the part of vendor or you can get the whole agreement to sale in your name with the help of vendor, if the property is still not registered

slash (Querist) 12 September 2010
I had called my vendors. they say that since registration is done as joint partners i will get only 50% after deducting liquidation charges(1 L)even though i had put 10 L and rest installment is due.my spouse has already told them that she won't pay.The agreement doesn't mention how the money will be distributed after its dissolution so since its joint property i will get half.
First of all IS IT TRUE??.
suit for specific performance involves a court fee of 2 L + lawyers fee.will i get it reimbursed from my wife if i win the case( i should since i can pay it )?

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