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Troubled Husband (AM)     06 April 2011

House Claim and Maintenance

She left me about a year due to several differences between us. We were married for 3 years before we seperated. We do not have any kids. I had purchased a house in both our names 3 months before our seperation, the house was bought with all monies paid by me but the loan taken was in both our names hence the house papers are also in both our names. 6 months after our seperation she stated that she wants nothing to do with the house and is willing to sign it to my name. So I prepared a "Deed Of Release" for which half the stamp duty of the house had to be paid again and got it registered at the registrar office, she came and signed at the registrar office and put her thumb impression and her photo was taken as per the transfer requirements. About 2 months after that she stated that she wans a few lakhs for the divorce which I flatly refused. Then a month later she agreed for the divorce with no money involved and when the time to file the case as per mutual agreement she came up stating that I have to speak to her cousin first and she will not take any steps forward till I speak to him, by he way her cousin is sailing and will not be back for the next 8 months..

 
can i file the case on abandonment grounds since she left me? or should i just wait for her to file the case?
Also can she claim for the house now?
Also her salary is about Rs.35000 a month and mine is Rs.45000 a month can she claim for maintenance from me?


Learning

 6 Replies


(Guest)

its easier to get divorce with Mutaula consent so waiting for some time would still be advisable as once you file it in court and go for a contested one it may take many years to get divorce...so if there are chances for getting it mutually so would suggest you should wait.

 

In case she is earning well she wont be able to claim maintenance.

Troubled Husband (AM)     06 April 2011

I agree with you, but I dont mind the long wait in the court in case of contested, I am only worried about the house, she did not contribute a single rupee towards it and I dont want to lose it to her, not even 50% of it...

Ambika (NA)     07 April 2011

Troubled Husband,

you should be thankful to your wife that she was generous enough to agree to sign it in your name. You would not have been able to compell her for the same! 

Whether she will get a lump sum amout or not would be finally decided by the court. She will have her own arguments as to  why she left her matrimonial home. Hence saying assertively that you will not part with a single penny etc. is premature and over confident stance in my opinion. 

She may not get interim maintenance as she is earning reasonably OK to maintain herself. However,  If she files a DV case  against you, she may pray for and get a part of your house for residing there. 

 She may or may not be ready to go in for a mcd without a lumpsum amount. Rigidity on either side would not  leave space for mcd. 

I am not an advocate and the opinions expressed by me may be corrected by ld. advocates and law officers. 

1 Like

Lalitha R (ADVOCATE)     07 April 2011

Divorce by mutual consent  would be the better way.

 

hema (law officer)     07 April 2011

I subscribe Ambika's response.  I expect that troubled husband may not misuse the signatures he obtained of his wife on loan applications and force her to pay half of the loan.  

1 Like

Troubled Husband (AM)     08 April 2011

Hema,

I have every intention of paying for the house myself, I have put in every penny I have into that house which she knew and was kind enough to consider that and give it back to me inspite of the impending Divorce...I presume that my explaination satisfies your presumptious negative attitude towards us men...


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