Rajendra (Manager) 05 May 2014

Co applicant in property

I ve been married for 5 years, but all during the 5 years my wife hardly stayed with me. Before marraige she used to work in a nother city, I wanted her to leave the job post marraige, however, she convinced me that she wants to support her family financially she would be working over there for few months and come back, later on she used to visit me on week ends, when after 6 months she got pregnant I objected to her continuing to which she strarted behaving very negatively with me, and resisted to leave the job. when I spoke to her family members it seemed they were also not very keen to her returning. The differences grew when due to medical reasons she had to leave the job and come back.which she didnt like. after that she fought with me and went and stayed with her mother, she used to find reasons to blame me and fight with me,

Initially I took every thing in stride n accepted all her tauntrams, but it grew by the day and also her demands, later she said that she wont stay with me with my parents and wanted a new house.

We invested in an underconstruction propery in 2011 with her as a co applicant even after that she was not satisfied. she got a job here after that she used to pick fight with me and without any reason left me and went on to stay with her mother. I tried to convince her but she never returened. After that through mediation from one of the family members we decided to stay in a rented house, however. even there she seemed un happy and would not speak to me normally or was disinterested in the relation ship. later without my consent she bought a new house wiht her mothers help and started staying with her mother. I tried to adjust by visiting her and meeting my son on week ends, but then also she never seemed happy and alway insisted that we were not made for each other and that she was happy iwht her mother. Beyond that her other family members( relativess) started coming an staying in that house. The situation there was very humiliating for me as she used to treat me like a stranger whenever I was there. I used to take all the humilation in stride just to ensure that the relationship is not effected and it does not effect our son.

But now one day she has told me to not come on week ends as she wants to spend time with her family members. she seems ok with divorce and had taken up the topic very casually as well.

Now the property( house) which I ve bought with her as a co applicant would be ready for possesion by end of 2014. Inspite of that she want s to seperate from me. she never visits my family home( parents), never calls me or cares about me. Im very frustratred now and have aggreed to her demand of going for seperation.

She says she does not want alimony, howver, there were some initial downpayment she made for my property which she wants back. Im willing to pay her that.

My question here is since she is a co applicant in the property I ve bought what would be her right after I pay off her share

Can her name be legally removed as co applicant incase the divorce takes place?

Also, Can I get custody of my son who is 4 yrs old. He is very fond of me

plss advice

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Tajobsindia (Senior Partner ) 06 May 2014

1. Tackle last mile journey with little smartness if she is agreeable to divorce.

2. Opt for MCD and pledge with concerned Court a DD of like amount of her deposit that you tell me she also partly met in your co-joint property which is now agreed by parties to withdrawal by wife once Decree sheet is made in the MCD proceedings. Hire common Advocate and request her side’s male member to be witness to her Statements in the two Motions. Do insist to pay per month reasonable maintenance for child which ought to be mentioned in mutual Agreement for MCD and also mention in suit pleadings that she is educated and working lady and co-owner of a property (the one which you tell me she bought along with her mother). Mention in one separate para in same suit that she is Relinquishing her rights from your property and Annex the Registered Relinquishing Deed with joint petition.

3. Sit with her and sweet talk your way;
- for her agree to opt for MCD (Mutual Consent Divorce) instead of separation.
- for her to agree to sign a Relinquishing Deed and get same Registered.

- for her to allow un-conditional visitation to a minor of parties.

4. Let MCD be over with smoothly first and Registration of Relinquishment Deed also be over with.

5. My advice for this brief is that, with passage of time she herself will give you more access to parties minor and/or may even give custody of minor to you.

6. At this juncture it is not advisable to challenge her for custody of parties minor when neither Relinquishment of title is there nor Divorce suit matter pendent in a Court of Law and whatever little interaction you have with child currently will then be at mercy of concerned Court if you instigate her spartan spirits.

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