cpc

demand of share in flat of society


Sir, My wife has herself left the house alongwith her boss with the support of her father and filed petition against me in the year 2007. She also took away my 5 year son alongwith her and now she is demanding the divorce, full custody and money from me. I produced before the court that she was having a business in her and her's boss name jointly in mumbai and Court has given consent in my favour and alimony was rejected but the custody of my son is still with her and court has passed interim order for maintenance for child. However, now i am ready to give divorce to as she demanded from me but her advocated demanded certain amount for her as well as we jointly owned flat in a society but the all the expenses and loan premiums are borned by me. She is holding her name 2nd in the share certificate and her advocate is threatening me to create obstacle if i sell this flat and reside somewhere else. Sir, I already lost my family and reputation in the society due to her silly act. But due to technicality of the selling of flat create hurdles from leaving the society. Sir, i will ask u that is it obligatory for me to give certain amount of share of the flat only just she is having name on the share certificate. No expenses have been made by my wife in her life for the flat, can she just go on demanding the money. Can Advocate threat accordingly. Sir. I am a Govt.servant and i have certain limits, So can u please guide me what to do to settle my dispute and can i go for second marriage if she go on threatneing me? How can i get my Child back as he also needs me and we both have solid bonding with each other. But he is barred from meeting me. court has allowed me only to meet him 2 hrs once in month at 1st saturday. Can u pls guide me and suggest me the ways to come out of this trauma.

 
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Practicing Advocate

 Without divorcing her legally you cannot go for 2nd marriage. Go for divorce by mutual consent.

 
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LEGAL COUNSEL

 1. If the Flat is bought out of your own money and the loan is being paid by you, you can file a suit to strike the joint name, proving that the property belongs to you and her name is joined just as a nominee (no beneficiary rights).

2. If she was still living with the other person without a divorce, the person is guilty of adultery and you can lodge a complaint against him for criminal prosecution.

These steps may yield some results for getting a divorce. Until then remarriage is not possible.

vasudevan

 
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