Joint property with my husband who left 1.5 yrs ago
Priya
(Querist) 13 February 2015
This query is : Resolved
I am a working women got married 4 yrs back to a psycho husband and having a 3yr old kid. From the very first day of marriage we had issues with each other and between families. I have gone thru a
lot by this man.I had compromised a lot just for the kid. We bought an apartment which was registered in joint. He had crossed all the limits and started physical, mental and financial harassment on me. By which i called up the cops and they just warned him. Later i asked him for divorce as i couldn't take it anymore. My gold was kept in his locker. and he immediately kept my gold in bank and said used the money for house registration. I am the one paying the house EMI from day one.He went to Vanitha Sahayavani in Commissioner office and complained there on me saying i am asking for divorce which happened on OCT'13. During counseling he was asked to get back my gold after which i had paid him 1.5L which he said he had spent. He asked for more for which he has taken my mangalsutra and gold bangles of mine to register the apartment in my name.He left the house during this process so that i can't put any domestic violence case on him but spreaded about me very badly in apartment, kid daycare and my office. Till date he dint pay a single penny for me or my son. And the counseling dint work and she couldn't convince him to register the property and i told her to close the case. He had already put me in 5L debt when he was in my life and to settle him i borrowed 1.5L more. Now he is giving me advise to file the divorce petition keeping property as the reason. However not agreeing for mutual. My question is - when i am the one who is paying the EMI's why the property will not come to me??? When he is not ready to take care of kid maintenance why i have to send my kid to him every weekend??? All i need is divorce from him and custody of my kid(with no visiting to him) and property registration in my name. I am not looking for a single penny
from such a cheap bastard. I have calculated all the expenses he made using my credit card which was around 12L(including dowry). And he says that as i am the one asking for divorce i have to just agree to all his demands Is that wat law say??? He is playing his cheap games by keeping the property which i want it in my name at any cost. Being in so many loans i kept paying the house EMI and
paid 8L till now. Please advise me.If i demand him anything then he is threatening me that he will take away my kid. I am going through mental torture with these tensions.
Kappil Cchandna
(Expert) 14 February 2015
Dear,
File a case of divorcee on the ground of cruelty and I am sure the child custody will come to you because is not a fit person for the welfare of the child .... So far as property is concerned I fail to understand as to if you are paying the EMI that it should be in your name only ?
Kapil Chandna Adv 9899011450
Rajendra K Goyal
(Expert) 14 February 2015
You may file case of DV and divorce.
The flat is in the name of both you can not be sole owner without his consent.
You should prey to court for child custody, you have all chances to get it.
Priya
(Querist) 14 February 2015
I was paying car loan as well so my salary was not sufficient to get the loan by which his name was also included as secondary borrower. But the EMI gets deducted from my salary account only. And he got the chance to include his name without paying any EMI. Now i am the only one taking care of everything ( kid, house, school, work, car, loans) with no financial support. Apart from this i have borrowed a lot of money from my friends to take care of monthly expenses which i dint pay them back as i am still not recovered. He was never ready to take care of his kid expenses.I can't let go off the property as i paid 8L towards EMI and 3L to my husband for property registration( which he dint do yet). I had checked with the bank and they said if i stop the EMI then they will send the people behind me and i will never get any bank loan after that which i dont want to happen. I have even asked him to take the property by giving the money i have paid and he says that he cant pay the EMI. So, he is not ready to give or take the property from me. I am like a fool paying the EMI every month without fail irrespective of the fact that i have debts. And the property is in joint with that psycho.
Jayashree Hariharan
(Expert) 14 February 2015
You can please write all these points in the divorce petition and file a case on the grounds of cruelty and harrassment. You cannot make it sole property unless he registers his share in your name by way of any deed.
Has the court ordered you to send the kid to him every weekend? if not, why do you send?
Is he working? otherwise he will claim maintenance from you, of course you can show your expenses.
If he threatens to take away your kid, file a police complaint immediately. don't hesitate.
Advocate Ravinder
(Expert) 14 February 2015
I have gone through your issue. I pity your condition. It seems that your husband is parasite dependant on you. Infact the husband should maintain the family. It is reverse in your case. Coming to the question of the flat/apartments, it is joint name. The Bank will only interested in getting its instalments as per their schedule. It is not bothered about your internal disputes. As you both are partners, anybody can pay the EMIs. In you case, you are paying. If the EMIs are stopped, the bank after giving some time, ultimately put the apartments to auction and takes its loan amount and returns the remaining to you and your husband equally. Whether you have to continue to pay EMIs or not is a big question. I have to discuss with you in this regard. It is better you contact me directly over phone or connect me to my email id. My cell No. 7893011777 or ravinder2345@gmail.com. Coming to the question of Gold kept in locker, Rs.1.5 L paid in cash, Mangalsutra, Gold Bangles, 5L debt, 1.5L more loan, 12L by using your credit card. You calculate all the above and try to collect evidences by way of documents, voice recordings, video, photographs etc. What he has spent is very meagre amount i.e. for registration purpose and that too with your own amount. Don’t call him bastard. After all he is your husband. If you have any grudge on him it is better to get divorce. If he is not giving mutual, do not worry. You can file divorce against him on the ground of cruelty and harassment. By showing the above evidences, you will definitely get divorce. In the meanwhile you can file petition for maintenance for your child. You will not get maintenance as you are already earning person. You can get even child custody also. But you cannot deny visitation rights. If he is threatening you to kill you and kidnap your child you call me immediately. I will help you. As your issue is elaborate, it is better to contact me personally to the above said contact nos.
Priya
(Querist) 14 February 2015
Our issue has not gone to any court yet. The counselor has told me to send the kid every weekend which i stopped sending from Sept'14. He is working and an MBA graduate. I have done my BTech. So far he stopped threatening when i answered him back to just try to take the kid against my wish. Then he will surely face the consequences. After which he started calling my office colleagues and told that i had thrown him out of the house. So, he kept doing one after the other mess from the time he left the house. He went to my kid daycare, apartment people around and said very badly about me as if he had spent on the car and house, and i have snatched away everything from him.
Priya
(Querist) 14 February 2015
Hello Ravinder sir, Thanks for your reply. No indian girl will even think in her dreams to call her partner a bastard until and unless she has gone through a lot of torture. See the pain behind using such content in my message. I cannot be quite and calm to the person when he had not let me be in peace anywhere..house..work..kid daycare. Can anybody even imagine what and all i have gone through..and how many times i literally cried when people take advantage of me after knowing my situation just because my husband goes to them and talk badly about me. By which he wants to prove me that i cannot handle the society without him and i have to beg him for the relation. Is that the way a husband will try to save his relation???
ajay sethi
(Expert) 15 February 2015
1) since flat has been purchased in joint names your husband would be co owner of flat .
2) you should seek maintenance for the child
3) file for divorce on grounds of mental cruelty
T. Kalaiselvan, Advocate
(Expert) 17 February 2015
As far as the property is concerned please do not misunderstand the term joint owner and co-borrower. First of all confirm that if through the property 's sale deed whether you both were joint purchasers or it was bought on one individual i.e., in your name alone?, whether subsequently he was added as a co-borrower ?, if not, then it is jointly owned property or which nothing can be done or you may file a partition suit;
If he is employed, you may file an application seeking maintenance for your child and also can file a DV case against him for the cruelties he meted out to you including his habit of illegal extortion. Also, you can file a divorce case on the same lines. Take the help of a good and prudent lawyer locally and discuss about further steps in this regard.
Advocate Rajkumarlaxman
(Expert) 12 March 2015
Qtake orders of under domestic violence for protection and residence as u r paying emi u finalise the proportinate share put up byyour husband n send a separate notice now only keep n regards to ur car n home. Put up all facts n notice for cause of action for civil suit futyher if necessary
