Matrimonial flat after divorce

Querist : Anonymous (Querist) 24 January 2012 This query is : Resolved
Hello

I was married in 1978 to a relative. After two children and ten years of marriage I was thrown out of our flat with the two children. Initially I filed for restitution of conjugal rights. Only I used to attend the court. My husband never attended any hearing. He flouted the court's orders not to leave the country without providing us the flat, but he went abroad. Finally when I saw it is not going to work, I changed this to divorce petition. In the restitution of conjugal rights petition the appeal was that I should be declared the joint owner of the flat, so that I am not thrown out of the house. When this was converted to divorce petition, the appeal remained the same. Though I pleaded with the court to transfer the flat to my name, the court granted us divorce (ex-parte) and declared us as joint owners as per the original petition. I was awarded Rs.500/- per month maintenance for each child and Rs.1500/- for me. The court also gave me permission to stay in the house and passed orders that he cannot tranfer or create any third party interest in the flat. My name was put as the first name in the share certificate and his name is the second. But he never paid any maintenance. I coud not trace him or claim that. I recovered some money from some NSC certificates secured by the court from the house when they opened the lock. I brought up my two daughters with great difficulty. After seven years I got remarried. We live in the same flat. Is there any way I can get sole rights to this flat? It is a very difficult awkward situation. The flat is very old and if the building goes for redevelopment then what will the new builders do? This flat was bought this flat for Rs.56000/- by my father in my ex-husband's name. We repaid Rs.46000/- (I contributed equal amount) and so I got this joint ownership. How can I claim sole rights to this flat? Is this now under Family Court Jurisdiction?

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V R SHROFF (Expert) 24 January 2012
As you are re-married now, what will you do when h will enter the house and reside therein??Your new husband must provide you home, and maintain you.
R U planning to give away children to your ex husband being their father, who paid maintenance to grow them adult??
You cannot get sole right in flat.

Devajyoti Barman (Expert) 24 January 2012
The order of the court is bad. No court in matrimonial suit under Marriage Act can give order with regard to residence. Such relief is available under Hindu Adoption and Maintenance ACT OR PWDV Act.

Anyway since an order is there you enjoy the property but you can not without the decision of your husband become its sole owner.

ajay sethi (Expert) 24 January 2012
you cannot be sole owner of flat .your ex husband is joint co owner of said flat .

in case society goes in for redevelopment new flat will be alloted in joint names of you and your ex husband .

in nay case as pointed out by mr shroff since you remarried it is your second husband who has to maintain you now

Raj Kumar Makkad (Expert) 24 January 2012
I endorse the views of sethi as expressed above.

Shonee Kapoor (Expert) 25 January 2012
Nothing left to add after the considered opinion of Ld. Mr. Sethi.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

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