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Prema   25 June 2019

Divorce and partition of joint property

My wife has filed for divorce, she had extramarital affair as i worked away from india. She stole cash and deposited in her simgle bank account without my knowledge She also stole gold and other cash total of 25 lakh. She took my son away to a foriegn country. I live in india i am indian. she is european and my son passports was changed from indian to european. She is asking for maintenance and alimony. I have added her name to my residential apartment. I have proofs of her extramarital affair. And she not taking care of child. Will family court decide the about the flat in joint name which i am living in and which i paid for. Or will civil court will decide. I live in the apartment i dont want to sell. What happens in civil court


 3 Replies

SOLOMON.RAJ (advocate/director)     26 June 2019

dear Queriest

The family court is the right jurisdictional court and asshe has already filed it all you can do is defend the case.

Her extra marital affair is a good ground for divorce. As per the recent supreme court judgement it has decided that 50% of your shareshe is rightfully entitled.

Rev. Dr. Adv. Solomon Raj. Advocate High Courts of AP & TS,
Bharat Gaurav Samman Awardee.
Seva Ratna Award 2019.

Vijay Raj Mahajan (Advocate)     26 June 2019

This Family Court matter not of ordinary Civil court. As far issue relating to child custody, guardianship, maintenance is concerned that will be decided by the court on the basis of the present residence of the child and financial status of both parties. Your child has been taken out of India, so unless the child is present here in India, the petition for child custody and guardianship under the Guardians and Wards Act will not be entertained by the Family Court. As far the issue of share in the property of wife is concerned, you can defend it on the ground of her already taking away the huge amount of cash from your account, her name added to the property even without her contribution for purchasing it and definitely the court will consider all these issues raised by you while deciding the share in the property for your wife. Half the share in the property to wife in jointly owned property is general rule but in exceptional cases the court while deciding the share in the property the raised objection as well financial contributions etc.all are taken in consideration. The wife may not come to India for defending the divorce petition you file and you can get ex-parte divorce from her and continue to keep the property but as it has her name in the title of the property, selling it without taking her signature on the sale deed will not be possible. vijaymahajan5758@gmail.com

Prema   01 July 2019

Vijay sir thank you for your help and advice. Few things are vague here 1) will the apartment case go to civil court or family court will decide???. 2) dont want to sell the apartment , will court force me to sell the apartment and pay her. 3) can i ask that i dont want divorce. As i dont know which country she will go. And my son is with her.

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