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sonia (NA)     26 November 2010


Dear Members,


My maternal uncle has filed the divorced petition in the year 1996, and case is still going on, my uncle's wife is not living with him since 1985.

She  is a government employee , she filed the maintaince petition saying that is getting the nominal salary and is not the government employee , the proof has been submitted by my uncle and he won the maintainence case.

but still the divorce is pending and she is saying that she has given the money to him for buying the plot , my uncle has his own house and he has taken the loan from his office.

How long this case will go ? can she get the share in the house of my maternal uncle which is fully made by him ?

My uncle has one son whose is 27 years old and is now in jail becoz he is involved in the case of 307.

Please advice , the divorce case is going in ghaziabad, 

How he can get the divorce now, my uncle is not staying with his wife since 1985 , she has tortured him a lot by putting the false dowry case, and making the complaint against him in the police station , all this made my uncle to put the divorced petition.

Please advice


 4 Replies

Adv Archana Deshmukh (Practicing Advocate)     26 November 2010

How long the divorce case can go?--- no one here can tell u that because it depends upon the current status of the case and also upon the facts and circumstance which are different in every case .

If your aunt can prove that she has given money for the plot, she can claim her share.

She cannot claim any share in the house of your uncle during his lifetime.

DR.SANAT KUMAR DASH (Eye Specialist)     26 November 2010

It   is   the    mercy   of   the    Hon'ble      Court   at     Gaziabad.......How     long   u'r    Uncle's    case     will    run.    No   one    can   predict     the    result.    You     shall    have    to    wait   &    watch........My    Dear    Sonia.

CommonMann (Software Professional)     26 November 2010

Sonia ji. I am pasting one link here https://courtnic.nic.in/supremecourt/temp/dc%201436107p.txt

This for MCD petition. Please see point 21 in which both husdand and wife are living separately for more than 7 yrs and it is a ground for divorce as per supreme court. This might help your uncle.

sonia (NA)     29 November 2010

Dear All,

Thanks to all of you for replying.

Could any one please tell me this  - that the loan for obtaining the plot and than constructing it has been taken by my uncle and she has not given the single penny rather she made all the obstacles she can do.

The papers of loan taken from the office has been with my uncle. He has taken the loan in 1984 and she is claiming that she has taken the loan in year 1983 , How this thing is corelate to each other.

She is making false statement in this.

Please give the reply on this

Thanks & Regards,


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