Partition of joint property in divorce
Ajay Sharma
(Querist) 13 August 2013
This query is : Resolved
Dear Expert,
Please help me with my query below:
We are married for over 15 years now, we have serious issues cropped up between us, now my wife has filled DV act against me for mental and financial violence, alleging that I am not contributing towards house hold expense, I expect her to file divorce petition as well. She was allocated a flat in Delhi under PH quota, however at the time of conveyance deed, I got my name added as joint owner. She has been paying all EMIs for the flat. She is also paying kids (14 year old Boy and 10 year old Girl) school fee from her bank account. I also contributed some amount in house hold expense but have no proof of that. SHe has all the reciepts of bills, EMI going from her account,kids fee going from her account. The kids are with her, at the above mentioned flat. Her salary is about 45K, mine is about 35K
My questions are as below:
1. Will I have to pay maintenance for kids, even if she is earning more then me?
2. How do I prove in DV that I was also contributing towards household expense.
3. Can I claim 50% of flat, since it is in joint name? Will contribution make any difference in decision?
4. Can I force her to sell the flat and give me my share?
Please guide..
Ajay Sharma
(Querist) 14 August 2013
Dear Experts,
Would request your inputs please.
Regards,
Ajay
Nadeem Qureshi
(Expert) 15 August 2013
Dear Ajay
as per your queries my opinion as under:
1. Will I have to pay maintenance for kids, even if she is earning more then me?
Opinion: Yes, you have to.
2. How do I prove in DV that I was also contributing towards household expense.
Opinion: its depend on the facts and allegations without know the facts I am unable to give my opinion.
3. Can I claim 50% of flat, since it is in joint name? Will contribution make any difference in decision?
Opinion: file an application before court u/s 27 of Hindu Marriage act for disposal of property.
4. Can I force her to sell the flat and give me my share?
Opinion: nobody can force.
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