HinI wanted advise for divorce case. It's being 8 years of marriage and I have a daughter of 7 years

Question

HinI wanted advise for divorce case. It's being 8 years of marriage and I have a daughter of 7 years

10-Feb-2023 (In Divorce Law)

HinI wanted advise for divorce case. It's being 8 years of marriage and I have a daughter of 7 years. I and my husband are not happy with each other and adjusting since 8 years. Since the start of marriage he has never taken take of me neither my daughter. We have taken house jointly and I am the first owner and he is second and I paid 90% of amount of house and paying all EMI till date.My husband is now giving me mental torcher and wanted me to file divorce to save his money . We do not stay together since 2 years and I am 100% bearing all expenses. He comes and visit home to meet child as his wish and blaming me for having Marital affairPlease suggest what can be done further.I do not need any money from him but wanted 100% ownership of my propertyDo give me suggestion.

Answers (4)

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Adv. Mukesh Vasant Shinde Adv. Mukesh Vasant Shinde

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Advocate Harshad Garud LawRato · Accepted Answer · 2023-02-11T08:48:06+05:30

Answer #2

Hello, you have to send him legal notice or convince him for mutual consent divorce to be filed under Sec 13 B of Hindu Marriage Act which can grant you divorce within 6 months and in the same you can waive off your maintenance right. For ownership of flat, he should release his share by executing assignment deed in your favour to make you absolute owner of the flat

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Advocate Pankaj Bajaj LawRato · Accepted Answer · 2023-02-11T18:08:19+05:30

Answer #3

Well, in order to safeguard your Property, keep on paying the EMIs, however, to remove your Husband's name from the property, you have to file a Title Suit in the court under the concerned sections of the Specific Relief Act, 1963.

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Advocate Rahul Mishra LawRato · Accepted Answer · 2023-03-11T01:21:26+05:30

Answer #4

If you both do not wish to continue the marital relationship, there is the option of mutual divorce wherein you both can agree on mutual terms relating to child custody, division of property, stridhan, etc. However, if you wish to divorce your husband without his consent, then you need to send him a notice for divorce.

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Adv. Rahul Mishra Adv. Rahul Mishra

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