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Aparajita Singh (ceo)     04 January 2011

House devision after husband gets ex-parte divorce

My now ex-husband has gotten away with getting an ex-parte divorce,and then getting re-married.When I filed for setting aside this,...i had to put application for condonation of delay,as i had no idea about all this,because i was staying with my 7yrs old daughter,at my parents place for last 6 years.

I lost this one,reason being 5 months delay after the knowledge of the divorce and because his second wife would suffer.

Now,we have a house,which was bought by me and is primarily in my name,him being the co-owner.

He's been living there all along and now with his second wife.I have my daughter to take care and I want to get my house back.He refuses to do so,as he's been paying the EMI's from the time I started living with my parents.

What are my chances of getting my house back,I dont have much of documentry support regarding the money i invested in the house.but he too can not prove that he paid it either because he wasn't earning as much as I was and for a much longer time,so naturally I had much better bank balance as I was an NRI at the time of wedding and two years afterwards.

Thank you.



Learning

 2 Replies

A V Vishal (Advocate)     04 January 2011

File a suit for recovery and possession. Consult a local lawyer who can take up the case.

1 Like

Manish Singh (Advocate)     04 January 2011

You should file a petition for maintenance.  also file suit for declaration for that property. in that suit everything willcome out in open.

1 Like

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