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Need divorce claim to get house in return
16-Apr-2023 (In Family Law)
My husband is an alcoholic and torture me and my children.I have 3 children.Elder son 21 years studying B.Tech,then my 16 year daughter,then my 3 year son.Its been a long 23 years of experiencing the torture now I decided to get divorced.My husband is a puppet who plays according to my sister-in-laws wish.He had been in Dubai working for about 30 years.But he have no savings yet.The only property we own is the house we reside presently,that too was purchased 6 years ago by taking loan for 15lakhs.Now he took retirement because of his alcoholism.As he retired he got some funds about 18lakhs,this amount is put as fixed deposit in his name itself.The house we own now is in name of both of us(myself and my husband).Now I would like to get divorced and I(myself and my children) need the house,he don't need to repay the loan dues pending,and we don't need the share in his deposits or any other properties.We demand only the house.Is there any possibilities of getting the house.
Hai
Its a sophisticated query. Ita primarily to decide whether u hav to stick on to divorce considering the age f ur children. May be a professional concillation talk can mend things back right. Without wandering over internet for a solution get help from some one of ur jurisdiction. Contact a family lawyer or a civil lawyer f ur locality.
Now regarding the house. U are arguing for a thing that originaly belongs to u. Protection order or even a suit will help u to resort things up. Ur eldest one is 21 years. So probably he must be havng a bit f influenz over ur husband. Try to mend it up, ofcourse its u tat suffered the past 23 years, but may be for the kids it will be better to join up if he is ready for a change.
do consult with a lawyer f ur local jurisdiction. The matter is belated dont make it further late.
Time will heal everything
hope am upto ur query
Its a sophisticated query. Ita primarily to decide whether u hav to stick on to divorce considering the age f ur children. May be a professional concillation talk can mend things back right. Without wandering over internet for a solution get help from some one of ur jurisdiction. Contact a family lawyer or a civil lawyer f ur locality.
Now regarding the house. U are arguing for a thing that originaly belongs to u. Protection order or even a suit will help u to resort things up. Ur eldest one is 21 years. So probably he must be havng a bit f influenz over ur husband. Try to mend it up, ofcourse its u tat suffered the past 23 years, but may be for the kids it will be better to join up if he is ready for a change.
do consult with a lawyer f ur local jurisdiction. The matter is belated dont make it further late.
Time will heal everything
hope am upto ur query
Helpful?
15+
15+
Adv. Manoj George
Alappuzha | 200+ Answers
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Divorce allows a person to break free from an onerous marital relationship. But since marriage is not merely a contract but a very important societal institution. The law has an interest in protecting marriage, and not allowing it to be severed only by choice and on ordinary wear and tear. Since society in countries like ours takes special interest in protecting it – In our country to get a divorce one needs to prove certain grounds for eg : cruelty/adultery/desertion etc. Known as matrimonial offences.
If you need the house and money from him then better you file a petition for maintenance. A Hindu male is legally obligated to maintain his spouse. Maintenance includes provision for food, residence, clothing, education and medical attendance and treatment. Also file return gold ornaments if he misuse them and attach the properties and fixed deposit.
If you need the house and money from him then better you file a petition for maintenance. A Hindu male is legally obligated to maintain his spouse. Maintenance includes provision for food, residence, clothing, education and medical attendance and treatment. Also file return gold ornaments if he misuse them and attach the properties and fixed deposit.
Helpful?
17+
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Adv. Ajay NS
Ernakulam | 200+ Answers
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Yes,u have the right to reside in the house peacefully as there is law to protect ur right of peaceful residence .For that u may get an order restraining him from entering into that house.
U need to file an application under the provisions of Protection of women from domestic violence act
U need to file an application under the provisions of Protection of women from domestic violence act
Helpful?
12+
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Adv. Ajeesh Ummer
Ernakulam | 25+ Answers
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Yes. since you are the joint owner of the house property there is no need to worry about the losing of the house property. Since you are treated with cruelty you are entitled for getting divorce. But before filing the petition for divorce, you may file another petition intellectually and move court cautiously step by step so that you may ensure the property first and then move for divorce.
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Adv. Sreenivas V Pai
Kottayam | 25+ Answers
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u will get divorce from ur husband on the ground of Cruel ty.u must file a recovery petition to ur gold Ornaments and money from ur huà´Ÿband on that petition u must attach the house property and hi à´Ÿ money .u can get maintainance from ur huà´Ÿband.
Helpful?
25+
25+
Adv. Sangeetha Kumary G
Trivandrum | 25+ 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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