Divorce and claim my property and money
Nazneen Khan
(Querist) 10 July 2013
This query is : Resolved
Hi,
I got married more than 6 yrs back. it was my love marriage. I came to know immediately after my marriage that my Husband married me coz of money. i was earning and he expected heavy dowry from us. he always took away my salary, abused me, beaten me even in public. Every time he threatens me to hurt my parents and me. after 03 yrs of my marriage i stopped paying him full salary but still paying flat EMI. I have even repaid his personal loans and he bought two property and did documentation on his own name. i want to know.... how can i apply for separation and how can i claim back my all money and my property? i DON'T HAVE ANY EVIDENCE & PROOFS in my hands... Please help me. Thanks,
Naaz
adv. rajeev ( rajoo )
(Expert) 10 July 2013
What your husband doing? Without any proof you cannot claim refund of your money and property. If you dont want to live with him just go for the consent divorce
Devajyoti Barman
(Expert) 10 July 2013
If you are Muslim and the marriage was one under Sharia law then you can apply for divorce under Dissolution of Muslim marriage Act.
You can apply for maintenance as well u/s 125 crpc.
Nazneen Khan
(Querist) 10 July 2013
He is salaried employee and working in IT Company. I dont need any maintenance from him as even i am well earning person.
I just need my total earnings invested on him till today. its me who paid him money to buy two flats. its me who borne all his household and personal expenses.
I have paid him loads of money which i want back. thats it.... and i want to know if its possible or NOT?
he only sayd that he will never ever divorce me. now If i dnt have any choice theni'll just forget my money... and file case only for divorce.
Rajendra K Goyal
(Expert) 10 July 2013
In the present given facts, no property is in your name, your claim of money may not succeed.
Adv Archana Deshmukh
(Expert) 10 July 2013
Meet a local lawyer with whatever evidence you have about the property transactions,bank statements etc.. many times there are evidences that clients do not notice and do not consider important but the lawyer can find out from the instructions and available papers.
Raj Kumar Makkad
(Expert) 10 July 2013
You have already mentioned that there is no evidence in your hand about the advancing the money to your husband for the purchase of the property so there is no scope for getting bak that money.
Otherwise also, you could have never got that money back had you been having the documents in your support because there is no such law.
Dr. Jyothi Vishwanath
(Expert) 13 July 2013
Apply for divorce and demand division of matrimonial property. In such case, you can at least get half of the properties acquired during marriage.
