How should I separate

1. Hire an advocate via reference.
2. File simply S. 125 CrPC quasi-civil maintenance case in jurisdiction Family Court.
3. With filing above maintenance case for yourself and for the children the first procedure followed pre-trial by a Family Court will be to send both of you for reconciliation – mediation. There spell out clearly terms such as for divorce and wishes to follow much smother way out i.e. MCD route if he agrees to; paying lump sum to you and to children whose physical custody you have suo moto retained.
4. If he does not then let the maintenance case continue and from date of application the maintenance will be awarded for both you and for your children. Execute the maintenance Order.

Take on your que. 1 - You are living separate from him from last 2 plus years so now what you are wishful thinking is to divorce him so don’t seek ‘separation’ as in we ‘judicial separation’ as nothing very great may happen if you think he is not going to mend his behavior as per briefs facts.

Take on your que. 2 -  In my opinion instead of left and right following adversial litigation when you have no penny it is better to follow one litigation and come close to its results and then follow-up plans should be activated otherwise you being woman with two children will spend more time in courts corridors r/w advocate chambers then carrying for two little children who needs you more than your sightseeing experiences. Hence follow para 2 and para 3 above which can be molded later as per results and needs i.e. continue with final maintenance and or if situation later develops then simple MCD can be launched.

Take on your que. 3 – Para 1 and para 2 are procedure to seek maintenance for yourself and for children.

Take on your que. 4 – It reads to me that some plot of land was purchased on your name and partial payment i.e. 25% came from your father side. Rest payment is not clear atleast to me? Further it reads to me that on this plot of land a house was constructed later whose EMI in fiduciary capacity your husband paid but source of funds were from your salary. Be it so the plot of land as well as land belongs to you as its title holder you are on face of records and construction of a house was funded from your salary which any smart advocate can prove it on floor of the Court. Thus plot of land and house construction are separate issue and does not come in way for award of maintenance. It is thorn during alimony and divorce proceedings which only time can guide as and when ball rolls right now you are on verge of option selection. Also if the plot of land and the construction thereof is not producing any “income” then it is not bar for maintenance award and only bar to claim for yourself maintenance is that you should not be working at the time of filing the Application for maintenance.

[Please note if the plot and home are seperate then clarify them so that I may amend my above reply para accordingly.]

Tajobsindia

Thanks for Detailed reply. You have Rightly said That I must go for Divorce.

Actually My husband has taken Loan for Land from a Coaperative bank. Plot is vacant. Also I would Like to Add That all of My jewellery is with Him.  I Could Not bring it with me. Now what should be my course of action.

Thanks

Sarita

OK, now we see some fused connections between spouses peace of mind, hence in our opinion what we see are that there are still unfinished acrimony between spouses after posting first query then r/w last query herein.

Hence reasonable engineering process as per our opinion is annexed in PDF file specific to your and child's future r/w your father's that 25% loan payment for the plot colly. opinioned as all parties peace of mind and also making the other side come to negotiation table by Civil litigation chintu sa glimpse where reconciliation of social Laws takes its course when parties are not at full agreement and confusions galore.

Well that was our opinion to start the informed manageable legal journey; modify and adopt as per ground realities needs r/w adjustments in consultation with middle circle as mentioned in annexed PDF file.