Mental & physical torture

the alimony part is a secured payment to be made to the aggrieved party when both are separated and through negotiation you or any other elderly person can settle the issue for you

i am from hyderabad if you need any help you can mail me

If you want to get any constructive help, you have to spell out: 1.  Whether you are interested to get divorce and had there been any talks between both of you about MCD?  Permanent alimony also you want to leave it to the court's discretion or you both come to a mutually agreed amount?  In respect of flat - it can be decided how much share both want out of the sale proceeds or if you can't reach to an agreement, then court will decide it on the basis of the contribution made by both of you.  Lastly the place from where you want to file your petition, so that, that area advocate may offer his services.

 

Thank you both for your reply. Yes we had tried MCD but he is willing to give only what I paid for the flat.They are not considering that the value has gone up now after many years. I don't want any future alimony.Can't I seek 50% of the flats present value or something close?.Why can't they see the personal damage they have done to my life. Thanks again

It is irony of our times, no one wants to look into the problems of others and the monetary and psychological damage that causes to the unwilling partner of divorce.  Any how, right now, there are two methods to calcutate the compensation you are entitled qua the flat.  The first one is that how much ratio of money you invested in that property.  For instance you invested Rs.20,000 and he invested Rs.50,000 the ratio is 2:5 and if the property fetches Rs.70 lacs today, you are entitled to 20 lacs, where as he is entitled to 50 lacs.  In no stretch of imagination, he should not offer only Rs.20 thousand out of Rs.70 lacs saying that was your investment. Next, it could be seen that even though your investment is Rs.20 thousand and his is Rs.50 thousand, it can be argued that during that period you had taken the responsibility of maintaining the family by incurring its expenditure so that enabling your husband to invest more in the flat.  The third angle and at the first glance the court would like to see in this issue is that the flat is in joint name and hence  a presumption arises the entitlement of 50 percent each party entails.  Unless the husband shows his higher investment, the court tilts to share it fifty-fifty.  Try to hammer out this issue to get fifty percent each on the sale proceeds of present time and if he does not agree, then leave it to the court to decide the entitlement.

Thank you very much and I hope this is not a long drawn process as that's the least I can get out of this ruined marriage.