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Absconded husband has returned and demands share in apartment on both


07-Nov-2025 (In Divorce Law)
Husband after absconding did not care in anyways for schizophrenia child who is 22 years old now. Now husband wants share in property without wanting to give any maintenance for son.
Answers (5)

Answer #1
573 votes
In order to provide you with any legal advice, it is imperative to the facts in detail. It is not clear as to who is the owner of the property and on what basis is your husband claiming his share in the property. Feel free to contact me for seeking any legal advice/assistance as regards the same.
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Advocate Prerna Shukla

Adv. Prerna Shukla

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Answer #2
614 votes
If the apartment is jointly owned (in both your names) Legally, he owns a share in the property as per the ownership ratio in the deed. You cannot sell or transfer the property without his consent. However, if he abandoned you (absconded for a long time without support), you may: File for divorce on grounds of desertion (if absent for more than 2 years). Seek exclusive possession or residence rights under the Domestic Violence Act. Ask the court to restrain him from entering or disturbing your peaceful possession through an injunction order.
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Advocate Mahrukh Khan

Adv. Mahrukh Khan

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Answer #3
742 votes
You can deny his property claim if it’s in your name. His long absence and neglect weaken his rights. File for maintenance for your son under Section 125 CrPC or Section 20 of the Hindu Adoptions and Maintenance Act.
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Advocate Mrunmayi Kotawadekar

Adv. Mrunmayi Kotawadekar

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Answer #4
978 votes
Well, you can seek Maintenance from the Husband by filing a Maintenance Petition in the concerned Court under the concerned provision of law. You can file this Petition in the Family Court of the concerned State.
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Advocate Pankaj Bajaj

Adv. Pankaj Bajaj

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Answer #5
792 votes
Well, he has no rights if he didn't take care of his Son and he has moved forward asking for Maintenance in terms of rights in your Self made Property by showing he is poor than you! I can assist you in getting his claim rejected.
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Advocate Pankaj Bajaj

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