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Lavneet Singh (Software Design Engineer)     20 May 2013

Wife lying about money paid to her

 

Dear Experts,

My wife and myself filed for divorce by mutual consent in Feb 2012. She backed out after I paid her close to 30 lakh rupees which came from proceeds of a flat that we sold. This amount was partially in cash (approx. 18 lakhs) and rest in the form of DDs on her name. Out of goodwill and because my little son is staying with her, I am also paying the EMI (approx. 40000 per month) of the flat in which she is currently staying. I am staying separately in other locality and paying my rent as well.

I filed contested divorce case and mentioned all moneys that I have paid to her including the EMI that I am still paying. To my utter dismay, she is refusing to acknowledge the 30 lakhs that I paid to her. On top of that she lied to the court on so many events that happened during our staying together.

Due to her blatant lies, I no longer want to pay the EMI on the loan of the flat she is staying in. I talked to the bank and they say if I stop paying the EMI, I will become loan defaulter. The bank also said that it is only by 2nd applicant’s consent that the loan can be transferred on her name. Though well qualified and with work experience in IT sector, she is currently not working.

The flat is on her name only – single ownership. The home-loan of that flat is on my name and she is joint (second) applicant.

My question, to you experts is, what is the best way to stop paying the EMI of the loan? My main priority is to stop the EMI payment asap. Could you please guide me on this? If I stop the EMI, would the court take it in bad light against me during the trial?

Best Regards,

Yours truly.



Learning

 30 Replies


(Guest)

You stop paying EMI.


Bank will see if you pay or not for a couple of months and take over the said property.


She will be on road, or else she has to pay that EMI if she wants to continue staying there, as she is the second applicant.


As second applicant, she can also move court if the bank people forcefully try to evacuate the said property.

Lavneet Singh (Software Design Engineer)     20 May 2013

Dear Sir,

Thanks for your advice. If I stop the EMI will the court take it in bad light against me during the trial?

Thanks


(Guest)

After you getting fooled as of now of 30 lac rupees, you still thinking about what will court think about you or your case if you stop paying EMI?

Lavneet Singh (Software Design Engineer)     20 May 2013

Dear Sir,

Thanks for your reply.

Yes I am concerned because I want a divorce and if stopping the EMI does not affect (i.e. weaken) my divorce case, I will surely go ahead and stop the EMI.

But I am not sure what effect this would have on my divorce case. Please guide.

Regards,

Lavneet 


(Guest)

 

Originally posted by : Lavneet Singh

Dear Sir,

Thanks for your reply.

Yes I am concerned because I want a divorce and if stopping the EMI does not affect (i.e. weaken) my divorce case, I will surely go ahead and stop the EMI.

But I am not sure what effect this would have on my divorce case. Please guide.

Regards,

Lavneet 

 

Divorce case = Ground for divorce


Read through..


 

The secular mind-set of the Indian judicial system has initiated proclamation of various personal laws based on different religious faiths. Hindus, Christians and Muslims are governed under separate marriage acts and grounds for divorce in India.

Let us have a look at the various grounds for divorce in India.

The following are the grounds for divorce in India mentioned under the Hindu Marriage Act, 1955.

Adultery – The act of indulging in any kind of s*xual relationship including intercourse outside marriage is termed as adultery. Adultery is counted as a criminal offence and substantial proofs are required to establish it. An amendment to the law in 1976 states that one single act of adultery is enough for the petitioner to get a divorce.

Cruelty – A spouse can file a divorce case when he/she is subjected to any kind of mental and physical injury that causes danger to life, limb and health. The intangible acts of cruelty through mental torture are not judged upon one single act but series of incidents. Certain instances like the food being denied, continuous ill treatment and abuses to acquire dowry, perverse s*xual act and such are included under cruelty.

Desertion – If one of the spouses voluntarily abandons his/her partner for at least a period of two years, the abandoned spouse can file a divorce case on the ground of desertion.

Conversion – Incase either of the two converts himself/herself into another religion, the other spouse may file a divorce case based on this ground.

Mental Disorder – Mental disorder can become a ground for filing a divorce if the spouse of the petitioner suffers from incurable mental disorder and insanity and therefore cannot be expected from the couple to stay together.

Leprosy – In case of a ‘virulent and incurable’ form of leprosy, a petition can be filed by the other spouse based on this ground.

Venereal Disease – If one of the spouses is suffering from a serious disease that is easily communicable, a divorce can be filed by the other spouse. The s*xually transmitted diseases like AIDS are accounted to be venereal diseases.

Renunciation – A spouse is entitled to file for a divorce if the other renounces all worldly affairs by embracing a religious order.

Not Heard Alive – If a person is not seen or heard alive by those who are expected to be ‘naturally heard’ of the person for a continuous period of seven years, the person is presumed to be dead. The other spouse should need to file a divorce if he/she is interested in remarriage.

No Resumption of Co-habitation – It becomes a ground for divorce if the couple fails to resume their co-habitation after the court has passed a decree of separation.

The following are the grounds for divorce in India on which a petition can be filed only by the wife.

  • If the husband has indulged in rape, bestiality and sodomy.
  • If the marriage is solemnized before the Hindu Marriage Act and the husband has again married another woman in spite of the first wife being alive, the first wife can seek for a divorce.
  • A girl is entitled to file for a divorce if she was married before the age of fifteen and renounces the marriage before she attains eighteen years of age.
  • If there is no co-habitation for one year and the husband neglects the judgment of maintenance awarded to the wife by the court, the wife can contest for a divorce.

Based on the Dissolution of Muslim Marriage act, 1939, a Muslim woman can seek divorce on the following grounds for divorce in India.

  • The husband’s whereabouts are unknown for a period of four years.
  • The husband has failed to provide maintenance to the wife for at least two years.
  • The husband has been under imprisonment for seven or more years.
  • The husband is unable to meet the marital obligations.
  • If the girl is married before fifteen and decides to end the relationship before she turns eighteen.
  • The husband indulges in acts of cruelty.

Let us check out the following grounds of divorce mentioned under the Indian Divorce Act, 1869.

  • Adultery
  • Conversion to another religion
  • One of the couples suffering from an unsound mind, leprosy or communicable venereal disease for at least two years before the filing of the divorce.
  • Not been seen or heard alive for the period of seven or more years.
  • Failure in observing the restitution of conjugal rights for at least two years.
  • Inflicting cruelty and giving rise to mental anxiety that can be injurious to health and life.
  • Wife can file a divorce based on the grounds of rape, sodomy and bestiality.

The following are the grounds for divorce in India included in the Parsi Marriage and Divorce Act, 1936 and the amendment of the same in 1988.

  • Continuous absence of seven years.
  • Non-consummation of marriage within one year.
  • Unsound mind provided the other spouse was unaware of the fact at the time of marriage and the divorce must be filed within three years of marriage.
  • Pregnancy by some other man provided the husband was unaware of the incident during the time of marriage and that he must not have undergone s*xual intercourse after he came to know about the situation. The divorce must be filed within two years of marriage.
  • Adultery, bigamy, fornication, rape, or any other type of perverse s*xual act.
  • Act of cruelty
  • Suffering from venereal disease or forcing the wife into prostitution.
  • Sentenced to prison for seven years or more
  • Desertion for two or more years
  • Non-resumption of cohabitation after passing an order of maintenance or a decree of judicial separation.
 

(Guest)

 

If you are planning to get a divorce, mutual divorce should always be preferred to a contested divorce. Obtaining divorce through mutual consent is quite advantageous as it saves both time and money. The provision for dissolving marriage through mutual divorce in India is included in Section 13 B of the Hindu Marriage Act by the Marriage Laws (Amendment) Act, 1976. Any marriage solemnized before and after the Marriage Laws (Amendment) Act, 1976 is entitled to this provision.

Though several laws have been passed with the progress of time, the divorce procedure in India is still complex and you will have to contest the divorce for several months. The Indian judicial law believes that the extended time span might workout well for the couple to reconsider their marriage and hence, a marriage will be saved from being dissolved forever.

A Brief Outline of the Procedure of Mutual Divorce in India

Mutual Divorce is to be filed by the couple only after they have lived apart for at least a year. A petition supported with affidavits for divorce should be filed in the district court by the both the spouses. The husband and the wife should jointly state to the court that they are unable to live together as they are facing immense difficulties in adjustment.

The filing of divorce petition by both the husband and the wife is legally known as the "The First Motion Petition for Mutual Consent Divorce""The Second Motion Petition for Mutual Consent Divorce" mentioned in the sub-section (2) of Section 13 B is filed when the couple reappears to the court for the second time after a period of six months. If the judge is satisfied after a hearing from both the husband and wife, the court announces a mutual divorce decree.

If the couple fails to appear in the court after six months and not later than eighteen months from the date of first motion, the divorce petition becomes null and void. Either of the couple can withdraw his/her petition within the six months term.

A judgment for mutual divorce is passed out only if all the necessary agreements required for a mutual divorce in India are strictly maintained. The husband and the wife should come to terms of settlement regarding the following issues.

  • Custody of Child
  • Return of Dowry Articles / Istridhan of Wife
  • Lump Sum Maintenance Amount of Wife
  • Litigation Expenses

For a mutual divorce in India, we would always suggest you to consult an experienced lawyer who will effectively guide you to get the divorce through a mutual agreement done between you and your spouse.

Lavneet Singh (Software Design Engineer)     20 May 2013

Dear Sir,

As I mentioned in my first post on this thread, we have already gone through mutual consent divorce and my wife backed out of it. The judge told me clearly that both of us have to give our consents only then the divorce could be effected. Since my wife did not give her consent, court closed the case.

I had no option but to file for contested divorce. I want to know if stopping the EMI would have any adverse impact on my divorce case? If so, what it could be?

Thanks,

Lavneet


(Guest)
Originally posted by : Lavneet Singh

Dear Sir,

As I mentioned in my first post on this thread, we have already gone through mutual consent divorce and my wife backed out of it. The judge told me clearly that both of us have to give our consents only then the divorce could be effected. Since my wife did not give her consent, court closed the case.

I had no option but to file for contested divorce. I want to know if stopping the EMI would have any adverse impact on my divorce case? If so, what it could be?

Thanks,

Lavneet

Replied already.


Your stopping of paying EMI wont affect the case.


(Guest)

Can I ask you why you paid the cash upfront and not after the second Mutual Divorce Motion?

You are mad to continue to pay the EMI when you have been cheated.Add this cheating also as a form of cruelty to you in the affidavit 

Lavneet Singh (Software Design Engineer)     21 May 2013

When I and my wife decided to file for mutual consent divorce, she asked for sufficient money for her and our child's financial security, a house to live and car. I gave all these because I genuinely felt that given that she has lived with me for more than 10 years, it is my duty to ensure that she and my son can live comfortably even after our divorce. My intentions were genuinely good. That's why I gave the money, flat and car and other things to her.

What I did not realise was that she will turn greedy and refuse to even acknowledge that I have given her sufficient money. I would call this breach of trust, which I did not expect.

Why am I continuing to pay the EMI - because in my affidavit / plea for contested divorce, I have mentioned that I am paying the EMI. Now if I stop it, would that have negative impact on my plea? I do not know. Is there a legal way to inform the court that because of my wife's cheating and breach of trust, I am stopping the EMI?

Thanks for your help.


(Guest)
Originally posted by : Lavneet Singh

When I and my wife decided to file for mutual consent divorce, she asked for sufficient money for her and our child's financial security, a house to live and car. I gave all these because I genuinely felt that given that she has lived with me for more than 10 years, it is my duty to ensure that she and my son can live comfortably even after our divorce. My intentions were genuinely good. That's why I gave the money, flat and car and other things to her.

What I did not realise was that she will turn greedy and refuse to even acknowledge that I have given her sufficient money. I would call this breach of trust, which I did not expect.

Why am I continuing to pay the EMI - because in my affidavit / plea for contested divorce, I have mentioned that I am paying the EMI. Now if I stop it, would that have negative impact on my plea? I do not know. Is there a legal way to inform the court that because of my wife's cheating and breach of trust, I am stopping the EMI?

Thanks for your help.

 


Sorry if you feel that I am being rude.


Are you from the stone age?


You are talking about breach of trust? Huh !


Filing for divorce itelself means breach of trust, love, that this etc etc all are breached so only you are opting for divorce.


Even if there is a clause wherein you have stated that you will keep continue paying EMIs, now that you have been utterly fooled, and this MCD petition will eventually be dismissed and you will have to file fresh divorce petition which of course will be a contested one.  Good luck with that. 


Out of profound love that you got from your lovely wife for past 10 years or so.. you can continue paying EMI's and you can also continue paying her money every month to the tune of a lakh rupees, but I dont think the court will issue a certificate of love for what you are doing to her..

 

If you are not willing to stop paying EMIs and not willing to file fresh divorce petition, and that there is lot of love left in you for your lovely wife, you may as well rethink in resettlling with her.


So think what you need to do, advices have already been given.  To follow them or not is entirely up to you.

Ranee....... (NA)     21 May 2013

if loan is in your name how property under bank is in her name?Does not such real estate property remain under bank untill the loan is repaid?


(Guest)

^ ^ ^


Correct.


Loan is given based on conditions, first party second party both of those ppls cheques the bank would have taken.


In case of non-payment of any installment, ,they will present the cheque given to them, and upon non-realization of the cheque, they will file cheque bounce case and that will be the first step.


But still in all of this ownership of the said property rests with the bank and not with you or your lovely wife.

Reformist !!! (Other)     21 May 2013

Lavneet Paaji,

You should stop paying EMI with immidiate effect. You are feeding a snake and in turn she is biting you and denying all the money you have given to her.

Its better to stop the EMI, let the bank authorities declare you as Loan Offender and let them sell your property for recovery of their loan. She will be on road then.

There is no point of showering your love/money on such a greedy person. 

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