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How to take custody of child and division of property
20-Jul-2023 (In Family Law)
I am 42 year old earning 90k pm & my wife earns 70k, 03 year back we have taken Home loan of 40lacs for which i am paying the EMI to Bank. ( we both are co-applicant in loan & coholder in property 50% share each ) Now we heading toward Divorce, my wife is not willing to share EMI, we still living in same house & are not on taking term. What should i do In sale deed - Registry is done of Rs 32 lacs, against which i have taken the loan of 40 lacs, i have paid the initial amount to previous owner & paying the entire amount of emi since starting, property is in joint name ' no were in registry percentage of share is mentioned, but only in calculation of registry fees, percentage is mentioned as 50% each, for facilitation of calculation of amount as in delhi women has to pay 4% charges & men 6% my wife is also the co applicant in Housing loan, she is working earning monthly salary of 70 thousand I have one kid who is 14 year old Pls advice which would be best mode to adopt?
Hi, You are natural father of our child and you are entitled for custody of our child, if your spouse give consent for to do so, or otherwise you take custody through the court of law.
As per detail given.
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Adv. Ashutosh Choudhary
Delhi | 25+ Answers
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Dear Client
I can't make out if you have initiated divorce proceedings. But according to me the best way is to file for mutual divorce and try to negotiate terms od settlement in court through mediation by lawyers and judges. You can also have pre litigation mediation before family welfare committee or outside court between parties and lawyers since all of you are educated and mature. If you wife is not ready for a mutual divorce you can file for a contested divorce under Section 13 on the basis of cruelty and you can file for custody under section 26 and seek division of joint property between you and your wife under Section 27. In this manner all your remedies will be sorted out by filing a consolidated petition before a single judge without having too many litigation. Please feel free to call and discuss in person.
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Adv. Mrinmoi Chatterjee
Delhi | 200+ Answers
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In case your wife files divorce petition you can get your matter referred to mediation cell and both of you can discuss the modelities of this joint property and child is of 14 years age even his consent to choose the parent will be taken by court and court will consider paramount interest of child while deciding custody issues Further whoever takes the custody other parent can have visitation rights
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Adv. Veena Kalra
Delhi | 25+ Answers
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