Rights of muslim husband permitting wife to avail homeloan
abdul salam
(Querist) 26 November 2016
This query is : Resolved
Respected Seniors,
Please provide me legal suggestion in my following matter
I am seeking your advice for my muslim neighbor who is non drinker/smoker is retired now from central government service. He and his wife are central government servants of same department. Thirty years ago when they applied for a housing loan their employer had asked them to choose one among themselves to get a housing loan as per the government policy of one family one house at that time.. Hence, he gave the option in writing to permit to avail home loan in favors of his wife with no objection certificate. Both have constructed double bedroom house of 550 sft through the housing loan of Rs.110000/-(RS. One lakh ten thousand only) Both have invested their previous savings to complete the work.
This year he has renovated the house by spending Rs 1500000/-( Rs.Fifteen lakhs only) to construct additional two rooms and a car park. He also replaced the entire flooring with latest designed tiles for 1100 sft. Also, painted the entire house including grills ,doors, windows and wall. He has spent half of his retirement benefit funds for this work.
Thirteen year ago his wife has removed uterus with prior discussion with Gynecologist without his prior consultation and consent( all of sudden) at the time of second delivery under pressure from Doctors in operation theatre. Since then, there was a frequent quarrels between them. They are separated in their house under one roof. He said that she has denied him conjugal rights after the removal of uterus. She has also instructed her daughters not to speak with their father and his relatives . That made him to lead a lonely life at home as there is no one to help him when he fell sick. Few years back, he got a severe chest pain. He himself called a AUTO and admitted in to the hospital. The night duty Doctor has done a angio immediately. Two days later he got discharged with some medicine. At this crucial time of his life , his wife and daughters have not turned up to the hospital.
Last week it seems there was a big quarrel again between them and she ordered and shouted at him to leave the house immediately ( as the house is in her name) to enable to hear the neighbour of the entire street .
He came to my house with big shock and narrated the above details. At present he is living with me. I therefore request you to kindly guide me in which way I can help him in right direction to resolve his problem permanently as he is afraid to go there. He says that she will kill him by mixing something (poison) in food. He wants to give her talaq as he don’t wish to live with her disrespectfully anymore. Don’t he has the rights in his house as his wife is claiming it is in her name. He has spent his thirty five years of yearning for them. He says that she has not spent a rupee for him and to the family in thirty five years. He has not asked her salary so far .He says that he do not know to where she has saved / invested her salary .She has not attended a birth, death and any social function from his side relatives so far.
Can he stay in the new portion constructed by him through his retirement funds. How he has to claim his rights on his house. Please clarify and guide me in right direction to help him to resolve his problem smoothly within the four walls of his house.
R.K Nanda
(Expert) 26 November 2016
query too long.
rajeev sharma
(Expert) 26 November 2016
Dear Salam
the story of your friend is rally heart touching. But for us it is not possible to give any advise without going through record and evidence if any. Your friend may certainly may give Talaq as provisions of Mohammedan law. since wife is also working paying maintenance too may be avoided.Regarding house consult local lawyer
Rajendra K Goyal
(Expert) 26 November 2016
You said:
He says that she will kill him by mixing something (poison) in food. He wants to give her talaq as he don’t wish to live with her disrespectfully anymore.
Reply:
If he is afraid of such event, may inform police to conduct inquiry accordingly if such event happens. He can give Talaq as per their personal law.
You said:
Don’t he has the rights in his house as his wife is claiming it is in her name. He has spent his thirty five years of yearning for them. He says that she has not spent a rupee for him and to the family in thirty five years. He has not asked her salary so far .
Reply:
The House / property is in her name, she is owner, husband has no right on it.
Rajendra K Goyal
(Expert) 26 November 2016
You said:
Can he stay in the new portion constructed by him through his retirement funds. How he has to claim his rights on his house. Please clarify and guide me in right direction to help him to resolve his problem smoothly within the four walls of his house.
Reply:
Wife is owner of house, he has no right to stay if she do not allow. If he has spent, have proof that she has taken amount as loan, can ask back his money if claim is not time barred.
Kumar Doab
(Expert) 27 November 2016
For the amounts spent recently the limitation may not stare at him.
Rest he may act in accordance with personal law applicable in his case.
Rajendra K Goyal
(Expert) 27 November 2016
No option seem except she allows you after amicable settlement.
May try for that.
Kumar Doab
(Expert) 28 November 2016
He has already been shunted out and surprisingly daughters are siding with mother.
Seems that either you are not fully aware of all nuances of the matter or he has not shared.
Nevertheless, his options are last attempts at amicable settlement of leftover issues or thru his counsel.....
Sudhir Kumar, Advocate
(Expert) 27 November 2016
