Emi dispute in divorce

Hi,

Please reply.Need help urgently.

You yourself answered your question very lucidly and succinctly.   What I suggest you is that whatever you wanted to say, just put it on paper in application mode and file it in the court tomorrow along with the proof of the payments, like initial payment of Rs.2 lakhs etc.  If this amount has been paid through bank account, bank account statment is enough proof.  Yes.  If the rent is going into joint account and from this account EMI is being remitted, you can safely say that your contribution is also there in equal proportion of the each and every EMI instalment.  You can file joint account statment as proof.  Regarding the question of how much share you have on the property qua your husband, it solelly depends upon the actual contribution paid by each of you. If you paid only 40% of the property cost, you have 40% share.  This formula is applicable if  both the spouses are employed, but living separately.  The case is different if the wife is living as housewife and even though she cannot show any of her contribution due to her no regular monthly income, she can demand for equal share in the property for the reason that  doing house hold chores and which can be translated as equal share of EMI.   Similarly, if employed wife is living with the husband, then she can demand 50% of the property for plausible reasons. 

Thanks for the quick reply.Was awaiting for the reply. I just wanted to know if these facts of my paying is accepted by court and that husband cant remove me out of the house  or not allow me into that house saying I am not paying the emi so it doesnot belong to me and that I dont have ownership in it or claim it.Currently I am not staying in my parents house with my kid.All my kid's expenses are also bore by me.So we are going to ask for entry into the vacant flat that is ours.

.My history so far-

My husband had removed my stuff from matrimonial house belonging to his parents and shifted to the our flat.now he has sent divorce peititon to me ,not allowing me to come in the house and kid's custody though he is not interested in the child's welfare so far.He had tried to persuade me into mutual consent from 3 years by giving me different terms .I didot want divorce at that time and never agreed to his terms. .But now after his continuous harassment and then he offered me flat with clear titile I finally agreed.He asked us to prepare the draft.When we prepared the draft,he didnot reply and overnight removed my stuff without my knowledge .And 3 months later sent me divorce notice.

In the new facts you have brought in your latest post, I clarify that you need not have ownership rights to have residential rights in the flat in which you are staking right to live for yourself and your child.  You and your child will get immediate residential rights in the said flat, if you move appropriate application seeking interim relief in Domestic violence case.  Your title to the extent of 50% on the  flat will further help you to get such right, even though the law does not require you to prove that you have contributed to the extent for owning the flat.  You simply file the domestic violence case and in that ask for residential rights and you are going to get them.  The above said bank statements also you file along with your petition to further strengthen your case.  Your husband has done illegal thing to remove you from that house and you will be going to get relief.  do not sweat to prove that how much money you contributed in that property.  Even you have not paid even a single paisa, you being the legally married wife, you have got the right to stay there.  After your staying there, if you apprehend that you and your child would be harassed, you can get protection rights under the same DV Act.  And finally, if you do not want to give divorce, fight the case on merits, while carefully drafting your reply to his divorce petition.

Wish you best of luck.

You are a joint owner of the house property which is evident from the sale deed papers and has been duly registered.  Thus,the fact that you are a share holder cannot be denied,  further more, you have stated that the rental amount is diverted towards EMI, it means  you too are contributing towards repayment of loan through EMI.  As advised by learned advocate Mr.Chandrasekar, whether or not, being his wife you have residential rights in hour matrimonial house which can be enforced through court order on an application under the provisions of protection of  women from domestic violence act.  If you do not want to accede to his demand for divorce, challenge his divorce case strongly which will force him to come down to the previously agreed terms for MCD then you can dictate your terms.  Take the help of a prudent lawyer to deal with your case.

Thanks for immediate help.I had my counseling don.I told the counsellor all tht had happened and that the talks had stopped at this point that my husband denied in the petition that the terms he had agreed before.

I told that my child is just 6 yrs old and whole life lies ahead and same thing the councelor told my husand that child education is very expensive and what you are saying is not fair intially when he was not agreeing on my terms of giving the flat because I had not asked anything for my child but just the flat.

So in my husband's presence the councellor asked what was his stand.He started giving all excuses and told that I can do 1 thing sell the house and in equal proportion of emi paid ,will distribute the sales deed or pay lump sum for my child or  either of us pay some amount of emi and transfer the  flat in the other person name so the rest pays the emi.The counsellor told to think about all these and come next time with all the terms written and asked me to think about it. 

I am not going to accept these if the lump sum is not per my child's requirement and the house I need should be with clear title  ,so far he had agreed and now denying it.It is send by his lawyer that he is agreeing.If these terms are not accepted ,I will let it proceed further in the court and let  the judge decide further.I dont need divorce .He is the one in a hurry.

I told that my child is just 6 yrs old and whole life lies ahead and same thing the counsellor told my husand that child education is very expensive and what you are saying is not fair intially when he was not agreeing on my terms of giving the flat because I had not asked anything for my child.

Couple of questions I need help on.

1. Can anyone tell me near about consequences if such matters are taken to court ,what kind of compensation a working lady with a child can ask and what is actually her rights.

2. We were suppose to file DV application ,can we do it in between before the next date to meet the counselor so that I can acess my house after the harassment I had gone through .Do I need to file for DV or wait for next councellor's meeting and file on that day. 

One more thing ,I am actually happy to stay with my parents cause my child is taken care in love and affection enviornment that he is getting.SO do I really need to file DV case ?If I dont go and stay in my house which has nothing but walls and non liveable condition.It is actually hardship to stay there .By just applying for DV ,it will show that I didnot desert him and I am actually willing to come.If that is the purpose then  I am fine with it.But if there is no need to apply for DV then I dont want to do so though I very well know I have strong case and a good lawyer but I dont know law .I want to take each and every step carefully cause I  am dealing with a husband from high profile and influential family.They are from extremly rich family background but when it comes to give 1 rupee to me or my child,,all of them become poor suddenly  and  would say we are from working class background who cannot afford your demands.They will force me to pay for all mine and child expenses and they themselves will enjoy lavish lifestyle sans me.They had hired celebrity lawyer to deal with me and then keep changing lawyers .They have taken very careful steps of which I  was not aware .using spy camera and videos and voice recorder to prove that I am actually behaving abusively and therefore he needs divorce.

If I do need to apply for DV ,can I ask him to keep paying the EMI and other house charges and make arrangment for basic amemntities in that house or provide me with another rented fully furnished house .

Hi All,

Kindly answer.

I belive you are planning for mental harrarsment for your husband. For me personally going through the case you have showing. You are playing the women victim card and mentally harassing your husband.