A MAN MARRIED HIS WIFE IN APRIL 1993 AFTER AN AFFAIR WHICH STRIKED OUT IN DEC 1992.
WIFE LEFT HIM ON THE FIRST DAY OF MARRAIGE AS SHE CUDNT ADJUST IN IS SO CALLED SMALL HOUSE AND THE ENVIORMENT.AND SHE WENT BACK TO HER MOMS PLACE EVEN AFTER HAVING A COURT MARRIAGE DONE WHICH SHE SHE DID AGAINST THE WILL OF HER FAMILY .
THEY HUSBAND HIRES A NEW APPARTMENT IN THE LOCAILTY WHERE WIFES PARENTS RESIDE SO HAS TO CONVIENCE OF HIS WIFE.
LATER A
SHE STAYS THERE.AND OVER A PERIOD OF TIME SHE DELIVERS A SON IN USA IN THE YEAR 1994 WHERE SHE HAD BEEN ON TOURIST VISA WITH HELP OF HER SISTER WHO IS MARRIED AND SETTLED THERE.
HUSBAND BUYS ANOTHER PROPERTY @ BHYANDER ON WIFES NAME.BUT SHE DOESNT STAY THERE AS SHE DID NOT LIKE SUBURBS AND SHE HAD INCOVIENCE IN TRAVELLING AND STAYING THERE SHE BEING A HOUSE WIFE.THE PROPERTY WAS BOUGHT BY HUSBAND ON THE WIFES NAME.
SHE DELIVERED A BABY GAL IN 2003.
THAN HUSBAND LATER BUYS A PROPERTY AT JVPD ANDHERI BY SEEKING LOAD FRM HIS COMPANY AND WITH HELP OF HIS BROTHER AND BUYS THAT PROPERTY ON THE NAME ON HIS WIFE.
LATER HIS WIFE AGAIN TRAVELS TO USA WITH HIS SON FOR VACATION AND FIND IT THAT THEY SHOULD IMMIGRATE THERE FOR BETTER FUTURE AND PROSPECTS.
THEY FILE FOR THE SAME FOR ALL OF THEM I.E HUSBAND,HERSELF AND THE DAUGHTER.
WIFES AND THE DAUGHTERS VISA CUM AND THEY MUTUALLY DECIDE THAT SHE GOES AHEAD AND STARTS SETTLING DONE AND HER HUSBAND CAN FOLLOW IN LATER.
THE HUSBAND KEPT IN TOUCH WITH HIS WIFE VIA CALLS.BUT SLOWLY SHE STARTED AVOIDING HIS CALL.
AND ALSO LOOKING AT THIS DELAY IN VISA PROCESS THE HUSBAND HAPPEN TO INQUIRE WHY WAS THERE SUCH DELAY, SO THAN DID IT COOM TO HIS KNOWLEDGE THAT HIS FILE HAD BEEN WITHDRAWN N SO HE DID NOT RECIEVE HIS VISA.
HE TRIED CALLING HIS WIFE BUT SHE DENIED ANSWERING HIS CALLS AND JUST SENT A MESSEGE VIA A THIRD PEROSN THAT SHE WANTED TO SEEK DIVORCE AND ALSO ASKED THE HUSBAND TO VACATE HER SO CALLED APPARTMENT AT JVPD ANDHERI AS IT WAS IN HER NAME.
MY QUESTION IS:
Question 1: both the property were owned on her name
A) girgaon – mhada kholi
B) jvpd 1bhk flat – purchased BY HUSBANDS money and money from HIS brothers
Can she sell this ?
Can she ask HIM to vacate the place?
Is there any provision for cross file the case so she could not throw THE HUSBAND out?
Question 2
HUSBAND DOESNOT want to give divorce then what we can BE DONE in thAT case?
Question 3
HIS building is going for redevelopment where dOES HE stand as HE IS THE POSSESSION of the property AS OF NOW AND HE STAYS THERE. Can HE file some case where HE can get relief by court to stay back?
