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noina arora ( )     04 April 2014

Property bifurcation in case of matrimonial dispute

Hi all, I have a query. Me and my husband purchased a joint property 50%, 50% in Uttar Pradesh in 2005. We both were paying installments for the same since 2008 when we got possession. However, my husband disserted me and my little daughter who was 2 years then and fled away from the house. He stood absconding without us knowing where he is. All of a sudden I got to know that he has filed for a divorce in 2010 feb. Since then the case is in court with just long dates. After he fled away I started paying all the EMIs of the said flat, with me and my daughter residing there. Though we have tried out of court settlement but he refuses everytime.

Now all of a sudden he got an order from family court that he can stay in the house. Without me being present in the house, he broke open the locks of the house and started living there along with his parents. We challenged that case in Allahabad high court and got the stay but they are not ready to move out. After paying all the installments and clearing the NPAs of bank since last 5.5 years, today me and my daughter are out of the house and he and his parents residing there.

Though number of things are in action but I want to ask this that legally what will happen to that property. Only and only legally .


 2 Replies

noina arora ( )     05 April 2014

Kindly provide some suitable reply

ABDUL RAZIQUE (Advocate)     24 April 2014

I hope the registered deed of flat will be in your custody, if not then you have all the payment voucher or proof regarding the said flat, on that basis you can file a title suit.

next one when husband deserted you why not you taken legal action against him. you can put him behind the bar him and his family member against cruelty. 

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