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DISPUTE IN ALIMONY AND PROPERTY
31-Jan-2023 (In Divorce Law)
Me and my husband have a jointly owned flat. He has filed for a divorce. He is giving me some alimony but wants my name to be removed from the flat. The amt of alimony nowhere stands near the half cost of the flat. He has decided to contest in the court. My jewellery is with him too. Since last 2 years he has not paid a single paisa for my maintainence and has a business which has turnover on crores. I am working with a meagre salary of 40000, but have no house of my own in Mumbai. He has not disclosed his reidence too.He is trying to prove that i have not paid any amount towards the flat. I have no money to pay to the lawyer too. What is the best i can do in this situation?
Dear queriest, as per your query you have mentioned about the fact that your husband is not paying maintenance to you since past 2 years, and also you have joint name in your flat which owned by you and your husband, if such is the case then you can definitely demand your right and share in the joint flat and also if he has filed for divorce and as such grounds where it proves that you had left the matrimonial home without any reasonable cause then you may not get any alimony or maintenance. for further discussion kindly call me for the same
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Adv. Dhananjay Ravikant Gangawane
Pune | 500+ Answers
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Hello,
As you have stated he has filed for divorce, you may contest it and it too, the amount of alimony and distribution of property shall be decided by the court in the interest of justice. You need to claim and prepare the petition accordingly and the court shall grant you relief accordingly. Also, as the flat is in joint name it will be divided or consideration of certain amount will be directed which will be paid to you. As you have income of 40,000, the court might not pass an order under for section 125 and 128.If you have any fresh evidence or proof or declaration of his assets you may attach the statement in the petition you file. You will surely need an effective attorney for this. Feel free to connect with us if you so desire.
As you have stated he has filed for divorce, you may contest it and it too, the amount of alimony and distribution of property shall be decided by the court in the interest of justice. You need to claim and prepare the petition accordingly and the court shall grant you relief accordingly. Also, as the flat is in joint name it will be divided or consideration of certain amount will be directed which will be paid to you. As you have income of 40,000, the court might not pass an order under for section 125 and 128.If you have any fresh evidence or proof or declaration of his assets you may attach the statement in the petition you file. You will surely need an effective attorney for this. Feel free to connect with us if you so desire.
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Adv. Varun Vij
Mumbai | 100+ Answers
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My Response to your query:
In this situation first you have to appoint lawyer and ask for to start mentaince.
You have to defend case as your husband trying to Shaw that you have not contributed for flat. You have to show proof of contribution from your side.
For detail consultation for apperance in your matter you can contact me.
Adv Sachin Kuptekar
9890797126
In this situation first you have to appoint lawyer and ask for to start mentaince.
You have to defend case as your husband trying to Shaw that you have not contributed for flat. You have to show proof of contribution from your side.
For detail consultation for apperance in your matter you can contact me.
Adv Sachin Kuptekar
9890797126
Helpful?
You can contest case of Divorce in court.And don't settle your Divorce case. You can definitely get interim maintenance amount during pending of divorce petition.for getting interim maintenance amount you need to put interim maintenance application in court.
For share in flat you don't settle your share in flat in divorce case. For getting separate share your husband need to file civil case in civil court.
If your name is on purchase/sell deed then your legal status in flat is co- sharer . Therefore you can get separate consideration amount for flat from him for release of your right in flat.
For share in flat you don't settle your share in flat in divorce case. For getting separate share your husband need to file civil case in civil court.
If your name is on purchase/sell deed then your legal status in flat is co- sharer . Therefore you can get separate consideration amount for flat from him for release of your right in flat.
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Adv. Sandeep Shamrao Pingale
Mumbai | 400+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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