Divorce and property issue

Going for a rented apartment would have been a wise decision.

Was there an agreement between you and your husband that he pay intial money, later on you pay of home loan in installments?

Something should have been in writing.

You can get your payment details and produce it in court.

If getting back the money that youve already paid is the only issue at hand? Go for divorce MCD.  There you can show your details of payment etc and then sell the property off and share the money equally, there too you can ask for the whole amount of what comes out after the sale, remember he would have needed the divorce, so eitherways you are in benefit.

@ Author it seems you are working women from what i understand that you have taken a loan and are paying the EMi's . 

As per law if you are a working women you are not entitled to be maintained by your husband . But as per his own wishes he can . In case youll have children than maintanence is co-extensive and both of youll would have to contribute towards welfare of the child as i presume you are working .

Now towards property i presume it is in joint name's  .

Hence each would have to prove their respective contribution towards the house and in this ratio/proportion  as per the market value it can be divided . Alternatively one can buy the others share in proportion to their investements .Hence talk this out with your husband and settle it out your selves rather than going to court and wasting your hard earned money and time in terms of lawyers fees etc .

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@Sujoy, The issue is not getting back the money, the issue is retaining the house...i am staying in it for the past 10 years..and paying emi...i want to continue staying in the house. I am unable to sell since i have ailing parents and cannot move..As for the divorce i have already mentioned, he keeps vacilating..
 

@stanley: yes i am..as a working women i may not be entitiled to be maintained..but the husband is supposed to contribute to the household expenses, right? No children.

My husband is refusing to settle, what he wants is for me to vacate the house, since he thinks he owns it..and i am just a tenant..i want to know my rights since it is a joint property and i have been paying the emis for the past 10 years. i cannot sell at this point

If youll are staying seperately  where is the question of sharing the house hold expenses . When it comes to seperation of the said property you can lay your claim for the maintanence of the flat like light bill electrcity society etc .  

Your husband cant vacate you from this house as it is on joint names and you have a right to stay in it. And tell him to do what ever he wants and very firmly say that you can go and complain in the court or in the police station  . Although here itself a few women  symathetic people  would suggest you to file a Domestic Violence  Case and than would say it is difficult to prove domestic violence inside the 4 walls of the bedroom :-) . Dont go in for all that and make a fool of your self u/s 19 of the act seeking rigt to residence as the  place belongs to you too .And  these cases go on for years  and you would be at the losing end in terms of time and lawyers fees and the end what judgement can they pass when the place belongs to you  . 

For the first 10 years of marriage when we were staying together he never paid for any maintenance..

anyway, that is not my primary concern...as for domestic voilence..like i mentioned..i didnt want to get into it..though i have substantial proof of the smses he has sent me...causing mental torture..

I dont want to go on for years..but i dont know how to settle this case...

Why are u worrying about the same . if he wants  talk to him and settle the matterr mutually and if he is not agreeing for the same tell him to go to court and file a civil suit and you can contest the same else you can file a civil suit and sort out the matter which would result in your time being wasted and money being spent on lawyers fees . There is no other way around this problem apart from the above. 

You may initiate a divorce proceeding If you've made up your mind....Since it is a jointly owned property, he cannot turn you out...You can file for an injunction in a relevant court which will restrain your husband from poking every now and then...

A bit of psycological legal pressure on your husband may also help...

Regards

Chetan(dot)7679(at)gmail(dot)com

You want divorce and complete ownership of the house. You cannot get both. Pay him for his share in the property because it is in his name and you just paid the home loan EMIs and then get divorce.

Otherwise stay there as long as you want (without divorce).