Prema 10 August 2019

Divorce and property in joint name

Hello everyone. Few years back i brought a flat. I out of obligation and love I put my wife name in the flat as a associate owner. I paid completely for the flat. The cost of the apartment today is approximate 1.10 cr .. i paid completely for the apartment . We still have 15 lakh rupees loan from a bank. My wife was a housewife for the whole married life. We have a son she took him to Europe. I have no access to my son. I worked on a ship. She had a boyfriend. Finally she decided to file divorce and leave india. Now i have a job which pays me 10 thousand only a month. So now my mother pays the loan emi amount of 45000. By the time the loan finishes my mother would have paid around 30 lakhs.. How much interim maintenance i have to pay. She claims that i have erectil dysfunction and i am a alcoholic. My previous salary was 2 lk now it is 10000. ???? I dont want to sell the flat. And i dont have money to pay her. I live in the flat. Will the court order me to sell the flat and pay her??? Can my mother ask for her share with interest as she is paying the loan???

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6 Replies

SHIRISH PAWAR, 7738990900 (Advocate) 10 August 2019

It seems that you already lost the case and now court has ordered attachment of flat for recovery of maintenance dues. Try to amicably settle the matter.

Shashi Dhara 10 August 2019

U ,Ur wife, Ur mother ,son if he is major all of u sit together and settle the matter with amicably with Ur well wishers.

Nikita 11 August 2019

In case she applies for divorce, you may have to sell your flat and provide her maintenance. Maintenance is always calculated on the basis of your income, property and the requirements of your wife.

P. Venu (Advocate) 11 August 2019

You have not posted material facts. How she has reached Europe? Has the divorce been decreed?

Prema 12 August 2019

Nikita, why do i have to pay maintenance, when she has desserted me on her sweet will. And why do i pay maintenance to her if she is with her boyfriend.

Samarpan (M)99958670740 (Free legal advice and legal aid cell) 12 August 2019

It appears that she has decided to file divorce. O.K. If that is so, do not worry. Erectile dysfunction is difficult to prove and on that ground, she cannot get divorce, more particularly, you have a son through her. If you prove that she is not loyal and she is not chaste, then permanent alimony would be difficult for her to get. Keep all the documents showing that your contribution and your mother's contribution in purchasing that property. At this stage, no need to go for settlement. Let her file divorce case and you contest it. My legal advice is based on the basis that whatever you said was wholly truthful.