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Paramjitsingh (self)     31 March 2013

Marital property - need advice.

Respected Madam and Gentlemen.

I was married for past 9 years. Due to irreconsiable difference our marriage comes to an end with x-wife filing for divorce. We have one daughter from this wedlock. We signed mutual consent terms wherein it was agreed that my x would live in the flat, where we were staying earlier, which is jointly owned by my father and myself, until her remarriage.

But soon, she got in a live-in relationship with another man. She has shifted with my daughter to his flat alongwith most of the furniture and appliances from the flat that I had provided to her. To keep this relationship secret she has been denying me access to my child.

Please, I would like your esteemed opinion on the following issue:

1. since she not stay at the flat, owned by me and my father, and is accepting to staying at another place [from documents filed in court giving her current addres as the other man's flat]. What procedure can I adopt to get possession of the flat back, expecially since my father being a senior citizen of 80years could well use some of the money to his benefit of 'daan-punya'.

2. Will filing a police complaint help? If yes, what should it be?

3. Will a civil suit help? If yes, what the grounds should be?

Please help and advice. My father's blessings will always be with you.

Many thanks.

Paramjit.



Learning

 5 Replies

Ranee....... (NA)     31 March 2013

She have not remarried.


(Guest)
Originally posted by : Paramjitsingh

Respected Madam and Gentlemen.

I was married for past 9 years. Due to irreconsiable difference our marriage comes to an end with x-wife filing for divorce. We have one daughter from this wedlock. We signed mutual consent terms wherein it was agreed that my x would live in the flat, where we were staying earlier, which is jointly owned by my father and myself, until her remarriage.

But soon, she got in a live-in relationship with another man. She has shifted with my daughter to his flat alongwith most of the furniture and appliances from the flat that I had provided to her. To keep this relationship secret she has been denying me access to my child.

Please, I would like your esteemed opinion on the following issue:

1. since she not stay at the flat, owned by me and my father, and is accepting to staying at another place [from documents filed in court giving her current addres as the other man's flat]. What procedure can I adopt to get possession of the flat back, expecially since my father being a senior citizen of 80years could well use some of the money to his benefit of 'daan-punya'.

2. Will filing a police complaint help? If yes, what should it be?

3. Will a civil suit help? If yes, what the grounds should be?

Please help and advice. My father's blessings will always be with you.

Many thanks.

Paramjit.

Possesion of the said flat you can get only if she remarries, as you have mentioned that, the mutual consent was on certain terms, one that of being till she get remarried.


Live-in relationship does not amount to marriage.

Manish Udar (www.Mehnat.IN)     31 March 2013

Nothing you can do.

www,mehnat,in


(Guest)

@Querist,

 

Why to worry? You have still the possession of that flat. Your wife can't sell that flat. Just Wait until she re-marries.

 

Note-This reply should be taken as per the declaration given in my profile page.

 

Thanks,

Regards,

Krishnapur Ananth Nagamani (Advocate)     27 April 2018

pertinent issues :

1. mutual consent - a decree of the court to the said terms is binding on both the parties

2. period for which she has been in live in relationship after the decree was passed - a live in relationship for a sufficiently long period is treated as marriage by the courts of law; period how long is not defined; depends on case to case basis; if she had been in livein relationship immediately after filing for divorce or prior to that, it is a material consideration

3. if she has violated any of the terms and conditions of the mutual consent decree, you can move the court with your grievances

4. from point 2 above, you can move the court for getting back possession of the flat

5. was your father's consent taken and recorded in the decree to let her live in the flat till her remarriage ? if his consent was not taken, it is not binding on him and he can always sell his interest in the property to the extent of his interest. In that event buyer will demand for partition, new litigation may commence with you and your wife as defendants.

6. grounds - if she has violated the terms of the decree and is not living there, merely having possession of the flat, it is the only ground; if she has rented out the property and is earning income it is second ground

 

 


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