divorce from husband
5 years ago
I got married 14 years before. my husband and I am a government employee. i have transferred a lot of money to our joint account (which is now closed). we have a joint flat in Noida . All payment has been made from joint account and loan for that flat . We have a joint locker, in which my all ornaments have been kept. next I have one flat in dehradun on my name and all payment of that flat is made by me solely through loan and my salary account. we have one daughter of 12 years.
As my husband always humiliate me, insult me and want my all money and create a lot of nonsense in front of our daughter, 3 months before,i leave my own house along with my all goods and shifted to a rented accommodation with my daughter. He is not agree to leave my house. I am still paying installment of my house. keys of our joint locker and flat in noida are with my husband.
he send me a draft divorce petition through email. but when i demand for my house, he refused divorce and send me court notice under section 9 of family act.
my daughter and I dont want to live with me. I am paying rent, installment of my house ,managing our daily expense. I want to sell my house but my husband is living there.
Pl advice me what to do
YAKUB ALI MOHAMMED
Responded 5 years ago
coming to child custody as she is daughter she will stay with you till she attains majority.
property part court may grant you any kind of relief either you may get half of the amount compared to market value or your husband have to pay you the rent till your daughter attains majority.
Sunil Kumar Singh
Responded 5 years ago
Your husband cheat you as your query say,he could not deny .husband responsiblety for child and wife,You can opt for divorce, for negligence of husband,
Ask for help
Lawyer vidhikarya
As a counter file DV case with the following reliefs
PRAYER
HENCE THE APPLICANT HUMBLY PRAYS
A) to take cognizance for the offence punishable u/s 498A IPC and punish Respondent No.1 to 3 as per law and extend police protection to the deponent,
B) Pass orders u/s 19, based upon S.17, granting separate residence for herself and her three children at a monthly rent of Rs. 20,000/- and advance of Rs. 5,00,000/-.
C) Pass orders u/s 18, in totality against Respondent No.1 to 3,
D) Pass orders u/s 20(i) granting Rs.25,000/- per month as maintenance for applicant and maintenance at the rate of Rs. 5,000/- each per month to her three children.
E) Pass orders granting Rs. 5,00,000/- for setting up house hold requirements, in granted residence, to make it livable, as the applicant cannot return to the house of Respondent No.1 as he is residing in the house of respondent No. 3, which is legally prohibited,
F) Pass orders granting litigation expenses of Rs.1,00,000/- as the applicant made to wander from pillar to post for getting legal aid to attend the Hon’ble Court, whereas, the Respondent No.1 falsely filed Divorce Petition.
G) The applicant also filed interim application supported by affidavit u/s 23(1) and (2) of D.V.Act,
H) That any other order/s, this Hon’ble Court deems fit, to meet the ends of justice, be passed.
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You have the right to say No to the present marriage.
2. Since money has been paid from the joint Account means you have 100 % right to the property.
You have to decide now either to sell the property to your husband who will give you money or to a third party who will also give you money.
3.Coming to Divorce... Divorce with mutual consent will be faster, may be within six to seven months.
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