How does joint property where I share loan EMI get split after divorce


I am married since the past 7 years and have a 4 years old child. Me and my husband our not compatible.

Our way of thinking n living is also very different. We have fights very often. Physical violence also sometimes. I want to file for divorce but I am worried about my child's custody. currently we are living in a joint house in joint name and we also share the loan taken on it.

how will this property get split up and how what about the loan?

Answer


As you stated that, there has been physical violence also.
We would suggest that you should initially 

1. file a complaint to the women cell regarding the physical violence.

2. file a complaint to the police under section 498a of the indian penal code.

3. file a complaint to the police under the Protection of Women from Domestic Violence Act

Now regarding divorce,

Assuming you are Hinuds,

You can file for divorce under section 13 of the Hindu Marriage act.

In your case, the ground for divorce falls under section 13(1)(ia) which deals with cruelty.

Now regarding your child who is 4yrs old it is laid down by The Hindu Minority and Guardianship Act, 1956 that custody of a child upon the age of five should ordinarily be with the mother.

You can claim for maintenance under section 125 of Cr.P.C. as well as section 24 of the Hindu marriage act and the court after considering your case will divide the property and loan as it thinks best for both your husband and you.

You can otherwise go for a divorce by mutual consent under Section 13B of the Hindu Marriage Act.

This would help you divide your and your husband's share in the property and loan in an amicable manner under the terms of your divorce. The terms of your child's custody can also be drafted in the same if your husband also consents for a mutual consent divorce.
 


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