Extra marital affair and property

Once the entire loan payment was paid, Bank would return the property papers to the borrower.  But as the property is in joint names, he cannot sell it as long as you will not put signatures on the agreement to sell / and / or / sale deed and also as you and your children are in occupation, the intending purchaser will not purchase it like that without ascertaining the correct position.  You cannot insist the bank to keep the title papers with it.  Any action you take to protect the property for yourself and children, may cause matrimonial discord.  If you are ready for this, you may take up follow-up actions:

1.  You write to the bank with the receipt of acknowledgment, that property papers shall not be given to husband immediately after the entire loan amount is paid, as the property bears joint holders and it can be misused.

2.  File appropriate application before the registrar of properties to get certified copy of the property, as it is a joint property.

3.  Issue a newspaper notification giving the full particulars of the property and your right on 50% of property and you are not willing to vacate the property and if any one is willing to purchase the property, he may be doing so at his own risk as the physical possession of property cannot be handed over to him.

4.  Finally, legal and sure step is to get a stay order from the court by filing Domestic Violence case, narrating the facts and in the given facts the court will restrain him from the alienation of the property by selling or by gifting or by any other mode of transfer.  This is a full proof method to protect the property for yourself and the children.  This legal remedy is also available in civil suits with their own implications and limitations. 

Dear SIr,

Thank you for taking this time and giving me a well-informed solution ...Its of a great help ..Thank you once again.

Sir could i take your help in case of further queries ?

Originally posted by : Adv. Chandu 09868332610
	Once the entire loan payment was paid, Bank would return the property papers to the borrower.  But as the property is in joint names, he cannot sell it as long as you will not put signatures on the agreement to sell / and / or / sale deed and also as you and your children are in occupation, the intending purchaser will not purchase it like that without ascertaining the correct position.  You cannot insist the bank to keep the title papers with it.  Any action you take to protect the property for yourself and children, may cause matrimonial discord.  If you are ready for this, you may take up follow-up actions: 1.  You write to the bank with the receipt of acknowledgment, that property papers shall not be given to husband immediately after the entire loan amount is paid, as the property bears joint holders and it can be misused. 2.  File appropriate application before the registrar of properties to get certified copy of the property, as it is a joint property. 3.  Issue a newspaper notification giving the full particulars of the property and your right on 50% of property and you are not willing to vacate the property and if any one is willing to purchase the property, he may be doing so at his own risk as the physical possession of property cannot be handed over to him. 4.  Finally, legal and sure step is to get a stay order from the court by filing Domestic Violence case, narrating the facts and in the given facts the court will restrain him from the alienation of the property by selling or by gifting or by any other mode of transfer.  This is a full proof method to protect the property for yourself and the children.  This legal remedy is also available in civil suits with their own implications and limitations.

@ Chandu

When the property is in joint names how is it possible for him to sell the same which you yourself have stated in your opening clause . 

Now in point no 4. you are instigating to file a Domestic violence case ?? arent these statements contridictory :-) when there seem's to be no need to file a DV case .. Arent you not confident of your first clause which you have stated :-) Altenatively when a wife has a name and share in the said property how can the husband throw her out and how is it possible for the wife to file right to residence when is a part and parcel of the joint agreement :-)

@mk,

Yes, madam.  You can.  But I suggest that you enquire in the public forum just like this thread instead of resorting to PM, as my answers on this subject would be helpful to the people situated like you.

@stanley,

By going through your responses in this thread and other threads, one fact comes out very clearly is that you do not have not an iota of practical knowledge in legal issues and at the most you might be fighting your own case and on the basis of such limited practical knowledge and acquiring a little bit of theoritical knowledge in the sphere of matrimonial laws, you try to ridicule the persons and particularly those professionals, who have got sympathetic disposition towards women and their immanent problems in matrimonial life.  A few instances, I advert to, to demonstrate your lack of practical knowledge.  In one of your threads, you ask  - "what is the meaning of R&A.C., written at the end of deposition after cross examination is over?".  It is a basic thing and one, who has basic practical knowledge knows what is "R&A.C."  Next,  in some threads you delcare that delay in filing FIR (particularly in Section 498-A cases) by the wife will defeat the case ab-initio.  You cannot differentiate the effects of delay in filing FIR in murder cases, attempt to murder, robbery and other set of offences like kindnapping, rape, molestation, bigamy, dowry harassment cases.  The courts have laid down different yardsticks about the time of filing of FIR and condoning the delay in filing FIR depending upon the nature of the offence and condoning the delay in filing FIR in certain cases and more particularly in S. 498-A cases is a norm and not exception. One more instance that shows your lack of practical knowledge is that you cannot distinguish the cruelty as required to be proved in Section 498-A or the domestic violence as required to be proved in Domestic Violence Act.  With such deficiencies on your part, you use the very loose and wrong accusation against me in your above post by saying that I have instigated the enquirer to file domestic violence case.  Such kind of insinuation is unwarranted, most reprehensible, but I have seen that you and your ilk is using such foul language quite often against the professionals with the deep seated antagonism against women in general and we will not find interest or inclination to rebut them at every instance, because such an attempt will give undue importance to the impertinent phrases used by the legally illiterate persons.

Now, I answered to mk  that joint property, as per law, cannot be sold legally without consent of all the owners.  It is a theoritical proposition.  Now, practical knowledge teaches some thing else.  There are illegal methods in which joint properties can be sold without consent of the other owner by hoodwinking the registration authorities when there is a connivance between one of the joint holders and unscrupulous purchaser, who generally will be a person from real estate business and have got sufficient muscle power.  Affixing the photographs on sale deed and obtaining the witnesses- all such quotadin practices can be managed by unscrupulous people with aplomb.  Once such sale deed is registered that unscrupulous purchaser forces the innocent holder of the joint property out of the place and occupies himself by sheer muscle power.   Then, such illegally evacuated person lying on the streets approaches the police, they simply say that it is a civil matter and go to court.  Then such evacuee resorts to civil court proceedings, which will take a toll of his/her time and money without a relief in a near distance.  So, theoritically, my first suggestion is possible, in the instant case, but practically, if the husband is sufficiently wily, he can manipulate the things and push his wife on the streets with the connivance of some property dealer.  To avoid such a situation, I advised her to approach the court under domestic violence Act for getting the stay order from alienating her and her children from the property.  Having extra-marital affair and intending to deprive the wife and children from the property rights amount to domestic violence and the enquirer is entitled to invoke such action.

I hope you got clarification.  I do not intend to further respond to your querries, because my motto to come on this forum is only to give legal advice to the people in need like mk and not to respond to the useless comments by busybees.     

@ My learned friend Chandu with all due respect to you 

1. Thanks for acknowledging the very fact that you have a symathetic attitude towards women . 

Lady Justice is often depicted wearing a blindfold. This is done in order to indicate that justice is (or should be) meted out objectively, without fear or favor, regardless of the identity( Male or Female ) , power, or weakness of the individuals brought before the bar. 

Justice is most often depicted with a set of weighing scales typically suspended from her left hand, upon which she measures the strengths of a case's support and opposition. She is also often seen carrying a double edged sword in her right hand which divides with the power of Reason and Justice in either direction simultaneously.

I have noticed various posts you keep telling women in this forum to file domestic violence case or sec 498 A and than even conclude that it is difficult to prove Domestic violence which takes place inside four walls of the Bedroom in your very own posts in this very forum .

With the no of false DV cases and false 498 A cases i stand by my words on oath  Lord Chandu !!

So do you acknowledge the same or should it be interpereted that your silence is  an acknowledgment of the same or do you want me to copy paste your earlier post which you have stated in this very forum  !!!!!.

And isnt it that what false allegations are laid out have to be proved in the court of law.

Now that you have raised the subject of 498 A i put down below what is 498a has the above auther stated this fact ???

  S. 498A of the Indian Penal Code (IPC): This section is formulated for married women who face
               physical and mental harassment from husband and in-laws and the cruelty is made for any unreasonable
               ‘demand’ (mostly dowry) from the woman and the cruelty is of such nature that it drives the woman to
               commit suicide or can be a danger to the life and limb of the woman.

In DV the false allegationss are quoted  like a novel i was beaten merciless and was bleeding stating rather 10 dates with no time and no Medicial report sumbitted . Hence i stand by My words why not a single FIR filed for all those 10 dates when domestic violence hs been stated   and if there is a FIR than it has to be supported by a Medical Report of the wounds suffered the length the size and the depth . i talk about a FIR only in case of DV cases and if during the proceedings Dv is taking place than why no urgency application of the same :-) 

2. In one of your threads, you ask  - "what is the meaning of R&A.C., written at the end of deposition after cross examination is over?".  It is a basic thing and one, who has basic practical knowledge knows what is "R&A.C." 

I really dont understand when i had asked for the meaning of this .My request to you is to copy and paste my post into this very thread where i have asked for it. I dont know who this stanley is to whom you are refereing to :-) .My request to you is not to grunt your anger on me for his post .

3. Above author is concerned only about the property after the loan being  cleared as the paper of the said property would be given back after payments of the entire EMI's to whom is the question ??  

4. For her husband having a extra martial affair maybe with a married lady its for the  author of this post to file section 497 of ipc and than for her to prove the same or as you lay your claims about your legal knowledge its for you to guide her am i right .

5. For the upkeep of hereself and her child provided she is not a earning member we have several options CRPC 125 HMA 25 but has the author of this post conveyed  that they have been neglected by the husband :-) . 

 5. The property may be in joint names but maybe the husband is the only applicant towards the loan do you presume that as per your advise if she writes to the bank stating that the papers should not be given to her husband do you feel the bank will accept your advise and give it to the wife when the husband is the sole applicant to the loan ??

If the husband has driven her away from the house she can seek right to residence but nowwhere has the author of this post quoted that she has been driven away from the house . 

6. Your below statement which you have made above 

"""" There are illegal methods in which joint properties can be sold without consent of the other owner by hoodwinking the registration authorities when there is a connivance between one of the joint holders and unscrupulous purchaser, who generally will be a person from real estate business and have got sufficient muscle power."""""

You mention of the word practical meaning to say what is practical possible as per law. than you are talking about theoritical ways which i have not understood but rather i have  to take the interpretation that a thing which is related to only theory . But you are referring to the word practical rather than stating in reality what takes place or by fraud or forgery people do obtain or  aquire a property by fraud rather than using the word practical  . Whereby i presume you should have mentioned the word fraud or fradulent ways or illegal ways of acquiring a property . My request to you is to refer the dictionary for the proper meaning and usage of the words if unsure of the same . 

with all due respect to you .your statement of quoting your self as a legal professional and than stating the above illegal methods and muscle power of what use is law  when law is meant to seek justice  they ought to be defended from all this illegal/muscle power else we would be a lawless country with everybody armed with guns and trying to prove their muscle by grabing somebody  elses property .We wouldnt be called as humans but would be considered as beasts :-) living in a country or in a civilised world where the law is there but there exist lawlessness :-). Your practise would cease to exist if all this existed .

6 . When you say file DV as per the act is it possible to provide relief within  60 days from the date of the first hearing . How many cases have you fought and you were able to provide relief within 60 days of the act can you post this judgements in this very foroum itself :-) 

Please alos convey to the author that a DV case goes on for years :-)

I wish to debate on this  topic with you Lord Chandu and the below topic which was posted by you very well know !!!

Does Marriage in India provide EQUAL RIGHTS TO WIFE AND / OR HUSBAND?

Gender Arsenal is all about the uncalled for Gender War which has been initiated and is being fuelled by reasons outside the purview of this article. Gender Arsenal pertains to the weapons available to both the genders in the war. Before going into the actual details about the arsenal, I will elucidate the positions of the two genders vis-à-vis each other.

National Commission for Women (NCW) came into effect in 1992 in India to work on women’s issues. NCW has been instrumental in making awareness about a lot of problems faced by women, and has recommended various legal and social options to redress them. It also looks into complaints received by women. Additionally women have around 3300 odd NGOs working for them, one union ministry and Rs. 1200 crores allocated for their cause annually from the union budget.

Men have none.

I will now proceed to list down some laws meant specifically for women,

1.                                S. 498A of the Indian Penal Code (IPC): This section is formulated for married women who face
               physical and mental harassment from husband and in-laws and the cruelty is made for any unreasonable
               ‘demand’ (mostly dowry) from the woman and the cruelty is of such nature that it drives the woman to
               commit suicide or can be a danger to the life and limb of the woman.

2.                                S. 354 of the IPC: Assault or criminal force to woman with intent to outrage her modesty.

3.                                S. 509 of the IPC: Word, gesture or act intended to insult the modesty of a woman.

4.                                S. 375 and 376 of the IPC: Rape of a woman.

5.                                S. 498 of the IPC: Enticing or taking away or detaining with criminal intent a married woman

6.                                S. 98 of the Criminal Procedure Code (CrPC): Power to compel restoration of abducted females.

7.                                S. 125 of the CrPC: Meant to provide no-fault maintenance to wife from husband.

8.                                S. 24 of the Hindu Marriage Act, 1955 (HMA): Though gender neutral, is largely used by women   
                to extract maintenance from their husbands in pendency of a divorce.

9.                                S. 25 of the HMA: Meant to provide alimony to women from divorce.

10.                             S. 18 of the Hindu Adoptions and Maintenance Act: Another provision for maintenance to wives.

11.                             Dowry Prohibition Act, 1961: Though gender neutral in its definition, this Act is largely used to protect
                women and there are also some judgments for cases filed under this Act, which are gender biased
                towards women.

12.                             Immortal Trafficking Prevention Act: Deals with trafficking of women.

13.                             Indecent Representation of Women Act: Title is self-explanatory.

14.                             Medical Termination of Pregnancy Act: Empowers women to abort their unborn children legally.

15.                             Protection of Women from Domestic Violence Act: Meant to tackle Domestic Violence faced by
                wife (husband mother is not considered as wife even if his father is alive! + husband’s married sister is
                also not considered as wife though your BIL is alive!).

These are some of the laws and Acts made to protect and empower women true to the best of my knowledge; I might have missed a few of them. However, these are only illustrative and not exhaustive of the fact that women are not only over-protected but pampered in this so called Male Dominated Society, [click link] whereas men do not have even a single NGO funded by the Govt. to be fighting for men’s cause let alone any law, section, Act or a commission or a ministry.

It should give a fairly clear idea as to how unequally men and women are placed in this gender war wherein actually men are dragged into uncalled for. On one hand, where women have weapons to the tune of Surface to air missiles [click link] to their kitty as their arsenal, men do not even have aRampuri Chaku [click link] at their disposal.

And, as I said, the list is merely illustrative and not exhaustive; NCW has in its offing more laws to castrate men, some of them being,

1.       
                         Compensation of upto Rs. 2 Lakhs to rape victims [refunded by Women and Child Development Ministry].

2.                                Sexual Harassment Bill.

3.                                Workplace Harassment Bill.

4.                                Law to protect Maids and so on and so forth…………...

Again the list of prospective laws is also true to the best of my knowledge and I might have missed many others in the offing and or or have written in one very old post serially how many laws are there for our Bahu’s [dig that earliest post and help yourself counting].

Whilst there are neither any laws existing to protect men, nor in the offing, and the simple reason for this is, men do not fight for their right or stand up for other men who are fighting for men’s rights.

And if things continue this way, the day won’t be far when NCW will come up with a law like this one:

Inherent Protection of a Woman’s Dream Act: Any woman, who complains against a man that the man entered her dreams and molested her/outraged her modesty/raped her, shall be tried with a relevant section of the IPC. Any married woman who complains against her husband and in-laws that they entered her dreams and demanded dowry from her or harassed her and assaulted her for not bringing enough dowry shall be charged with IPC S. 498A/Dowry Prohibition Act/Protection of Women from Domestic Violence Act etc.

@Dear Chandu Sir :thanks for entertaining this issue and ur support in guiding me ..

@stanley and chandu sir: i am not aware of the legalities but since this debate is on i would like to mention a few more facts :

My husband is very much capable of acquiring the flat in fraudelent/illegal ways..ALso ,he has been providing finance and neither has he been violent physically on me or my children.But besides that,he has been mentally pressurising me to sell the flat to which i have refused clearly as its not about the 50% share that belongs to me ,its about the shelter of me and my children..He has been playing with our minds .Also,there are clues that he was having physical relations with the woman who is a divorcee already.but however i have no proof to proove the same .despite my repeated talks with that woman and her family ,they dont seem to stop and i am worried because he has also told me many no.of times to sell the flat and spoken about his 50 percent share.

i had approached the bank and given a letter not to release the papers without my presence and consent .even if the manager calls me while releasing the papers ,i dont think he would allow me to keep it.And also we both are the applicants to the loan ,so my husband might not pay the balance also and would expect me to pay 

@ author 

Its very difficult for him to obtain the flat in Fraudlent ways when you yourself are residing in it . As the flat is in joint names it cannot be sold without your signature or consent . As you have objected to the same continue objecting and refusing for the same . 

Lady whats the contribution you have nade towards the flat . you have not stated if you are working woman .

But as our Lord Chandu has advised he does not  intend to further respond or debate to my posts ( as mentioned by him my  querries actually i have not put up any Query ) ??, because as he says his  motto to come on this forum is only to give legal advice to the people in need like mk 

I now await the advise of of our woman sympathetic Advisor 

I agree with advocate chandu.

srishaila,bangalore,advocate,9741425514,sdharani120@gmail.com

@mk,

the solution to your problem lies in domestic violence Act.  The woman who is harassed mentally - whose husband is in extra-marital affair is mental harassment to the legitimate wife - can invoke this section and get the reliefs available under this Act.  One of the main reliefs is residential rights - right to live in matrimonial home  and it is available to the aggrieved wife.  If the wife approaches the Metropolitan Magistrate Court by way of prescribed application seeking the residential rights and showing apprehension of delienating the property by the husband, during the pending proceedings, the court will give interim relief of stay of the property from selling, delienating or gifting so that the wife and children can reside peacefully.  The court does not insist the proof of wife's share in the property.  By mere living in the property along with the husband is itself entitles her to get the relief.  In your case, you have already owned 50% ownership and it bolsters your case.  While parting with this thread, I again remind you, as I mentioned in my first post that your approaching the court will create marital discord, if there is none or accentuates it, if it is already there.  Hence, approach the court or not shall be your own decision.  But once you approach the court, you will get the relief as I mentioned above.

Warm regards  

I apperciate our learned friend  Chandu's statement now that filing of DV complaint would lead to Martial Discord !!! And also agree to the Fact u/s 19 of the DV act she can claim right to residence provided she has been driven out of the house or thrown out and irespective of the fact whether she has any equitable share in the property .Which she has already conveyed that she has not been thrown out .

But i dont agree wherein even though the property is in joint names that she owns 50 % share Reason being the author of this post has not stated that she has paid for 50 % share of the property .Either parties would have to  prove their respective claims. The one who can prove his/her share paid will get the share to the extent he/she has paid for the flat. The property can be sold and the proceeds can be divided as per the ratio of their contribution towards the flat. Otherwise the one who wants to retain the property can purchase the other person's share.

My learned friend Chandu this is my opinion and view !!

@ Author,

What learned advocate Chandu explained you is legal propects to disarrayed family life. If you are still in good contact with your husband, speak out to him and arrive a nuetral solution.

Attaching propety through DV is not nice idea, as not only set fires the marital discord, also, one need to prove the same like you are thrown out of home, cruelty through his extra marital life etc etc.

some people even advise 498a because they earn bread and butter with common man blood, but it , you who need to be careful.

lastly atleast half share of  lawyers advise tend to screw a peaceful life, please better care your life not reaching court corridors..

it is indiviual choice.. and only a opinion

i agree to sir chandu as eventually it may lead to domestic violence. even i personally would not want my family life to be spoiled and hence i am seeking guidance.But if the man carries out an affair since 6 yrs now,i guess there is no point to the talks with him that i do and my prime importance at this stage is of security.if i have to fight a battle for my house ,the basic need of a family i do not think the marriage would go on without any hardships.even though he may claim that he has paid for the flat and he has paid for the loan also,i still have to fight because i have 3 children to look after .i just understand that .thanks alot .

If he is having extramarital affair for long 6 yrs, I think ur marraige is dead. Find out ways to end it formally too, as children growing up in such households are very much likely to move on wrong path.

Talk about MCD with ur hubby so that u both can part ways like friends. Ur residential/alimony n custody/visitaion matters all can be addressed this way without washing the dirty linnen in open