Anil (salesman) 29 March 2013

How to claim my property

Dear Experts,

I want to know the rules under which i can calim my property ( Cash as well as Gold & silver Valuables ) as we both have earned during 18 years long marriage now she has filed for divorce in court as she has found new partner for life which is pending for me to prove in the court as her letter and photogrph with the said person along with the audio conversation of both has been submitted in the court and i have left with no money with me she took all the earnings with her as it is naemd after her while we both have earned together plz help me. and what step should i take further as i have filed under section -9 for reunite. plz give me advice what to do as she and her family has cheated me.

Thanks in Advance to all the advisers. my eamil id is - ajeevanraj1@gmail.com

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Tajobsindia (Senior Partner ) 29 March 2013

1. Withdraw S. 9 HMA first of all. It is for calling her to live with you inspite of telling us that she has found a new partner and submitting her adultery alleged proofs which does not make much social sense. One can withdraw S. 9 HMA in reference to context citing wrong-legal advice that you got read with technical grounds with liberty to file under appropriate Section of the Code / Act.

3. Under S. 27 HMA parties lay claim of joint property in reference to context and is applicable if Divorce is filed using one of the Section from S. 10 - 13 HMA by both or either party. here like you say she filed divorce suit against you with may be certain allegations, best would be to decide if both want to part company, in case yes then rope her in for converting it into Mutual Consent Divorce with joint property handing/taking over. In case she does not wish to do so then file your refusal allegations of her wrongs as your reply as well as file S. 27 HMA Application with list of items that jointly couple held with sufficient money trail towards their purchase as your equal claim and let Court decide based on evidences fate of such joint items post marriage held by both parties.

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