Procedure for filling partition for the husband's share in court.

Hindus. 3 months husband deserted me by colluding with in-laws. Married in 2014. Filed DV n 498a. Now, if i file restitution, will the court ask my husband to take partition n separate possession of house n live with me or else to live with in-laws only without partition by tolerating their torture? Bcoz my husband living with joint family. Ancestral property. I want to live with husband separately by taking his share of house property. Pls suggest me

Answers (3)

286 votes

Firstly since you have filed a DV and 498A case, your Matrimonial Case for Restitution is already weak. If you're accusing your husband of domestic violence and cruelty, why would you want to live with him? In Restitution cases the family court is involved and it does not have the right to order for partition - you need to file separate case for partition or for your maintenance from the property. Further if you have children out of the marriages, then you can claim partition.

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166 votes

Dear madam,
If you filed restitution for conjugal rights court may direct your husband to join you but court will never order to your husband for partition. Only option that your husband valuntraly can file partition suit, you dont have right to compel your husband to file partition suit.

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Yes u can live leave independently with your husband that to be in some extent of time. And you can file petition for restitution of conjugal right but taking it leaves to ur husband share . If you want details make a call to my number

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