Dear Lawyers:
I've filed for a divorce in the family court. Today was our first marriage counselling session post filing the divorce. today's session was rather a standard procedure where in the counsellor explained us how the marriage counselling sessions will proceed. The actual sessions would start from the next date where in the marriage counsellor is going to listen to us individually first.
I've made up my mind for the divorce and is why I have proceeded. My husband is not willing to divorce as his motive is to have the flat that me and my father have bought post my marriage. My husband has not contributed a single penny toward buying this house. Just because he was my husband, I included him as a co-owner in the registration. My father sold his house and gave me 15 lacs to buy a flat. The only contribution my husband has made is the partial EMI contributions over the last 2 years. I am working and I have a year old son out of our marriage. We have been married for 6 years now. Since 26 Aug, we have been staying separate.
I want to take off my husband's name from the flat registration as the co-owner and instead either own it solely or replace him with my father. My lawyer says it's easy to do so since my bank statements could prove that me and my father have made the payments. To proceed with this, he says I'll have to bear the partial amount of Stamp duty and keep it with court which will be later returned irrespective of wheter the court approves my request or disapproves my request. Since, it's a huge amount that I'll have to bear though it's temporary period, I told my lawyer that I would need a month's time but according to him if I wait for a month and if my husband happems to file this case instead it could get difficult for me to have my request approved. Could you please advice if this is the case?
Thank you.
Regards,
Kavita
