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Sumaya   03 September 2016

Divorce and property related

Hello , my freind has been married for past 10 yrs (love marraige). Husband was employed with a bank after some days of marraige started his own office but went in loss and closed his office .My female freind was working with very reputed companies for past 14 years . Meanwhile her husband took personal loans and defaulted of around 25 L due to which he pressurised her t leave her residence and take new property on rent.My freind did mustake of trusting and not reporting this to her parents .When on rent he  got addicted to internet due to not taking up any job .He has a criminal case filled by government of India for past 8 years .My freind tried to do all best possible ways of making him understand but he did not understand .She was on good post in mnc doing all hard work and he sitting at home working very very sparsely not sufficient enough to make family survive . She was mentally abused, has a 8 year daughter .However past year she  shared all this issues with her gud male freind. she asked for divorce but he ws  reluctant  . She tried to reconcile but old habbits die hard since he being internet addict he keeps tracking her on fone, office , reccord s her voice . atters are being worst . The property is on her name but ge is not ready to leave and pressuring on reconcilation . My freind wants divorce but he is not giving .My frend is staying at her parents place . she had taken home loan and he presurised her to take personal loan for car promising that he will contribute to loan emi which he later retracted saying i am out of work.

In such cases how does she get divorce and safe gaurd her property. Huusband is staying in her flat ?



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 9 Replies

Sidharth   03 September 2016

WOW !!

What a great friend you have?

Giving divorce to husband bcoz he is unemployed.......... great idea!!

Will you suggest all mens to divorce their wife if they are unemployed........

Okay i got it your friend will BUY NEW FATHER for her daughter.

But the question stands if NEW FATHER also become unemployed after some time.

So, i suggest to BUY a father which comes WITH GAURANTEE

Sidharth   03 September 2016

for first time i found autohide4u post sensiblle

Sumaya   03 September 2016

Dear Siddharth;

Not just unemployed , has a criminal case ongoing with Delhi court .Has not reformed even after the case . Keeps on tab on various people thru mobile and internet .And she dosent need to buy new father she is already established .But it is due to this guy she stayed with him for the sake of her child and past year she lerned of him snooping into her relatives mobile fones . The thing is he became so confidn that she will not defend him . And morever after all this if she is asking for seperation as he has gne to the level of destroying her career losing her job .

My simple question is how can she save her only flat in near future for her and daughtr , as he may promise hard work job everything now but whu knows after many years how wil she safe gaurd her property as she is paying the EMI.The guy dosent even have money to supprt monthly home espenditure.

 

Sidharth   04 September 2016

Originally posted by : Sumaya
Dear Siddharth;

Not just unemployed , has a criminal case ongoing with Delhi court .Has not reformed even after the case . Keeps on tab on various people thru mobile and internet .And she dosent need to buy new father she is already established .But it is due to this guy she stayed with him for the sake of her child and past year she lerned of him snooping into her relatives mobile fones . The thing is he became so confidn that she will not defend him . And morever after all this if she is asking for seperation as he has gne to the level of destroying her career losing her job .

My simple question is how can she save her only flat in near future for her and daughtr , as he may promise hard work job everything now but whu knows after many years how wil she safe gaurd her property as she is paying the EMI.The guy dosent even have money to supprt monthly home espenditure.

 

 

millions of cases are pending in court does all couples should seprate / divorce what if your friend was  having any case pending it means she doesn't have right to have faamily.

Main thing is that men is unemployed. 

it is rightly said no money no relative, more the money unwanted relatives will come.

You said your friend is established then why not she do anything for his job or business. instead of conspiracy to make him out of house.

I think intention of your friend is not clear from the begining that is why she purchased the house on her name not joint name.

 

for me any open forun of free legal advice is to help victims and not to tell how to do conspiracy

whatnot   04 September 2016

Solution is in parts.

 

If suffceint proof (in eye of law) exists for curelty, then proceed with Divorce while being of same residence(whichever proerty she wants to hold).

 

She has to stay in the proerty while case goes and may ask court intervention and allow him to vacate.  It will be hell. But she has go through.

Once divorce decree obtained, then FIle relevant case as owner of proerty and vacate third party (ex husband)

 

But remember, nowdays law is skewed as mentioned by above post.

Legal battle will be tough and has to stay in property which she wants protect. If it goes on for long time then end of the story.

 

Alternatively, let her go back to husband, scheme a few farcas . Let domestic voilence happen. The call police. Lodge case. Bingo Separation.

 

Or sit like an adult sort it out.

 

I think male friend is more keen to have her and hence short circuit the process.

 

Sumaya   04 September 2016

A Siddharth my freind tried to help in every possible way investing in his buisness ,also her parents invested to help him run his buisness in share market , he incurred losses ost money Dindt pay heed to we telling him to do some small investment or open a shop etc .But in vain . It was she who took him out on bail when he didnt have money.Gave him  chances upon chances .But he didnt take it seriously instead at a times asked her to loan out money from her office to purchase car parking etc.Which then her office used to deduct a lump sum amount for 2 yrs to repay.And she wants to know how can she save her flat thats it . At a times he has got violent and hit her ,broken glass tables , abused her in front of her daughter. If he did not earn it was understood but presurring for loans and showing off with car etc to rlatives and peeping into the life of her family by unaothorised acess is what caused more damage.And more off she had tried for his job but he dosent stay in job for long he is more intrested in buisness than going for 9 to 6 jobs. 

Sidharth   04 September 2016

Whatever.

but always remember, she has to give him maintenance before proceeding in divorce case as per section 24 of hma.

He will also fie a case of sec 125 crpc for permanent alimony.

After all that chances of divorce is very less almost nil.

if divorce happens, he will move to HC for stay and then your friend will file a case for vacation of third party i.e ex-party.

and obviously that case will not move forward until HC decide wether divorce is legally ok or not.

A walk alone (-)     05 September 2016

Your friend main problem is that her husband is jobless. Jobless is not a reason for divorce. After having 8 year daughter why dnt your friend concentrate on her daughter future instead of talking about her relationship with gud male friend. At this stage after 10 years of marriage and 8 years child she should not think for divorce. A child need both parents for growing up. What she think if she got divorce and again marry then what will be the future of her daughter? Do she think that her second husband will adopt/ take care of her daughter. Ask her at least think at least about her daughter future if she file divorce it will take 5-6 year. She along with her daughter will roam court. Her husband can also file custody case. What will be the future of her daughter?

Sidharth   05 September 2016

Matrimonial disputes takes atleast 8-12 years. and it is observed by all courts that at the end mostly ladies wants to go back to their husbands but husbands being scared from women protection laws refuse to take them back and at the end ladies have to live lonely. Always remember false cases means end of relationship and if you don't lie your case is not maintainable.

 

SC has said " women protection laws are huge faliure because purpose of law was to ensure no women cruelty and they can live married life happily but these laws are so one sided that once a women used these laws in her favour husbands became so scared that they refused to live with their wife."


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