Can i sell my house
Amit
(Querist) 20 March 2015
This query is : Resolved
Hi,
I am fighting divorce and related cases against my wife.
I have a house on my own purchased much earlier to my marriage.
My wife obtained orders to stay in that house. She's been given bigger portion while I was given smaller portion.
I also have to pay her arrears of maintenance.
My questions are:
(1) How can I ask for the bigger portion? In the HC, the judge simply asked her which portion she wants and she asked for bigger one, so it was given to her.
(2) Can I sell the house to pay the maintenance arrears? Are there any related judgements on the same in SC?
Thanks
SAINATH DEVALLA
(Expert) 20 March 2015
Untill the proceedings are over U cannot sell the house or remove her from the house,without her will.
In case of divorce, wives could get half share of husbands' residential property.
The Marriage Laws (Amendment) Bill, will give the woman, in case of divorce, half a share in her husband's residential property, regardless of whether the property was acquired before or during the marriage. This is the first time that the woman's share in marital property has been made part of the marriage legislation. And high time too.
Under current laws, property remains with the spouse, usually the husband, in whose name it has been registered. As a result, the divorced woman hardly has any financial support, besides the nominal "maintenance" granted by the courts. The new amendments will now change the two key legislations -Hindu Marriage Act, 1955 and Special Marriage Act, 1954. How will these amendments empower women? First, the decision to make the woman a stakeholder in her husband's residential pro-perty as well as assets will remove a severe financial impediment that, at present, prevents many women from leaving abusive marriages. More often than not, the lack or absence of financial support forces them to continue in violent and abusive relationships.
Activists have demanded for long that the woman be given the right to reside in her marital home, which would ensure a roof over her head, in case of matrimonial disputes, pending court judgments. Mention can be made here of the Protection of Women from Domestic Violence Act, 2005 which has given the victim the right to reside in a shared household, besides providing for the payment of compensation to meet the expenses of the victim. There's no doubt that by changing old-fashioned marriage laws to empower women, the government has taken a step in the right direction.
Amit
(Querist) 21 March 2015
W/o selling the house how am I suppose to pay the maintenance arrears?
I have no income from any source.
W/o paying the maintenance arrears my divorce petition (filed by me) may get dismissed.
In these circumstances, why can't I sell my house?
As for the marriage amendment act, I disagree with your opinion but it is not yet law so no discussion on that.
Please give advice according to the present law. I've heard many cases where the husband's property has been attached due to non payment of maintenance.
Amit
(Querist) 21 March 2015
As for shared household is concerned, I am willing to pay her rent and I also have to live in rented house.
Dr J C Vashista
(Expert) 21 March 2015
What does your advocate advise?
Why do you need to cross-check your lawyer through the experts on this portal?
If you do not have faith in your lawyer, change him/her.
Get the stay vacated and sell it.
Rajendra K Goyal
(Expert) 21 March 2015
You should prey the court for a bigger portion showing your genuine need.
If you want to sell the house, get court permission and inform the court that you are ready to bear the rent of the alternate premises for her.
Citation not provided.
Kumar Doab
(Expert) 21 March 2015
You have been suitable advised by experts.
Act as suitable to you preferably thru your lawyer.
ajay sethi
(Expert) 21 March 2015
you cant sell your house in violation of court orders . you can make application to vacate the stay and offer your wife alternative accommodation
Amit
(Querist) 22 March 2015
Thanks.
My question was not if I can sell the house n violation of the residence orders.
My question was that guaranteeing her an alternative accommodation, can I ask the court to ask her to vacate so that I can sell the house and pay the arrears.
It seems the answer is yes.
SAINATH DEVALLA
(Expert) 22 March 2015
U can sell if you can arrange her alternate accommodation, before selling the house.Guaranteeing is not the prerogative, but it is arrangement before selling.
Amit
(Querist) 22 March 2015
Got it.
Thanks all.
Kumar Doab
(Expert) 22 March 2015
While you may approach court.....The decision of court is pleasure of court.
Prepare well in consultation with your lawyer.
T. Kalaiselvan, Advocate
(Expert) 22 March 2015
Expert Mr. Sainath, the proposed amendment has not come into effect nor there is any indication that it will be enacted, so let us confine to the prevailing law alone for the present.
@Author: Selling of property during pendency of case may be considered as contempt of court, so better not to venture into such gimmicks. Instead challenge the case and win it and then see what can be done to evict her from your house. Be in touch with your lawyer on all further issues.
SAINATH DEVALLA
(Expert) 22 March 2015
I feel his local lawyer if he is wise enough will do the needful
malipeddi jaggarao
(Expert) 24 March 2015
I agree with the views of Mr.Kalaiselvan on the issue.
