Left husband's home

your story is like that of several women. Your husband unlikely to reform as you are saying, so forget it now. You are luckily self dependent. I cant understand what is the issue of second home. Did you guys both bought another house and EMI is going on? Who owns in title of house the first one and the second one? Why you did not pay your husband by cheque if you don't have name in first house? Any way unless full details are known no advise can be given. You have right of residence in your shared accommodation where you and husband live or lived together. You can enforce this through Domestic violence act Is it by chance dowry demand case? You and your child have right of maintenance. Your daughter till she gets married So you can move for both of you for maintenance. If you are earning then court will adjust your income in maintenance award. Both of you are responsible for joint maintenance of children You can seek judicial separation following it divorce. Even after divorce you have to be maintained so also your child. Your husband will waste time in seeking custody of child. But unlikely to get So go ahead. WE will give advise about houses matter once all details are known.

By chance if you are in Delhi from DDA or housing society and he or you bought house after 2001, DDA has rule to treat house as joint property with spouse.

Thank you, so much for your response. Both houses are on joint name. 1st one - he is the first owner and I am co-owner, in second house, I am first owner and he is the co-owner (in both house papers and in loan - co-borrower). For few years of marriage, I used to give money to him by withdrawing from bank - no bank transfer or cheque. I guess, that was trust which has been breached big time now. I do not reside in Delhi. I am based out of Pune.

The issue with second home is that - its still on loan and I have to bear rent + EMI of this home + child expense + household expenses. If I have to get rid of the home loan, I will have to dissolve/sell the property. He may want me to sign the papers of the first property and give up my share in order to dissolve the second property. Right now its a financial burden on me as I am the primary borrower and paying EMIs (he is the co-borrower.)

Okay so I assume that first house payment is over and it is free. Second house some amount is left Since both houses are joint property please never make a mistake to partition properties. Let them keep as it is so your hubby cant will one house to some one else other than your children. From any angle as co owner or as under DV act rights as wife you have right to live in your husbands home. Please make a statement of both houses cost paid and amount each of you paid till date. and amount left. Also what are approximate incomes of you both individually. Based on this decision can be easily given as to how much payment you or your husband has to make to complete payment of house. If both of you earn enough for maintaining your life style no maintenance to you. But both of you will have to contribute to child's maintenance including schooling. If child is below 10years you have right to custody. In any case your husband is drunkard. So now you have decide what recourse to take . Going back to your husband house. Filing domestic violence case for maintenance/protection order/residence order. Or file for divorce and maintenance combined. You will first get judicial separation. But you can claim maintenance right now and if need be under section 125 crpc for quick remedy. Family court in Puna will handle all issues together. Your husband cant sell his house as it is jointly owned by you.

HI,

Thank you, for your valuable advise. I do not want to go for divorce or file for DV. What can be his next legal steps? I assume that he will either ask to stay together in one house or ask for a divorce since I have moved out. In first case, I am afraid to go back owing to his drinking and violent behavior. I do not wish to coexist in the same house for many other irrational behavior issues and anger spats that he has. The whole enviornment is very scary.

In case he files for divorce, can I demand alimony? Will my child be his legal heir in case of separation? Would she be entitled for her grandparents property?

Alimony and maintenance apply only when two live separately .Is not it ? You are entitled only if you are staying away for legal reasons. deserter is not given alimony. Hence you got to establish some evidence why you are staying away. Seek judicial separation. For child also same rule will apply.

Originally posted by : Simran Arora
	HI, Thank you, for your valuable advise. I do not want to go for divorce or file for DV. What can be his next legal steps? I assume that he will either ask to stay together in one house or ask for a divorce since I have moved out. In first case, I am afraid to go back owing to his drinking and violent behavior. I do not wish to coexist in the same house for many other irrational behavior issues and anger spats that he has. The whole enviornment is very scary. In case he files for divorce, can I demand alimony? Will my child be his legal heir in case of separation? Would she be entitled for her grandparents property?

That my dear is a astrological question which only your husand can answer.  We can give answers to legal questions and not astrological ones.

 

First you need to make up your mind as  to what you want..  That should be clear.  However, I suggest you give it one final try before calling quits as you yourself appear to have two minds about calling it quits.  A child out of marriage and future looks tweaky.

 

I will comment on only the alimony aspect of your query.

 

Its better to take one time alimony for yourself and for your kid, that I suggest lookig at his habits and his thought for his own future needs.  As getting monthly alimony once divorce is granted is bit cumbersome procedure and as he is a drunkard, he may as well not pay any alimony monthly.

 

Your child will get all rights in property, but that again is a very cumbersome procedure, anyhow such terms regarding property, custody of child, transfer of property etc can be mentioned in terms and conditions of MCD.  What you will need is a expert divorce lawyer who can draft terms and conditions of MCD in case you guys agree to MCD and wish to part ways.