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Perpetual injunction filed by wife without knowledge what should I do
07-Sep-2023 (In Family Law)
I got married 2009 and I blessed two daughters. 2015 I got family dispute because my wife has illicit relationship with other and her mother is cooperating her. I am professional engineer and I used to travel my home weekly once. I mostly consontrate on my kids and giving home responsibilities to my wife. She was handling my money. Since 2010 I was giving salary to her, my wife and mother-in-law were taken my money around 60 k (by cash) every month and funded some chits from their known person. Finally we both constructed a house around 1 crore (2013) with that money, and register house joinlty. After dispute they occupied my home and they are not allowed, they simply modified locks and put cases against me and my family (498a,DVC,MC,etc). 1 year (2014-2015) I paid EMI, after my friends suggestion i stopped paying EMI after that the remaining amount is paying by my wife. Recently I heard that she filed a case "perpetual injunction" and without any notice served to me. What should I do?
Hi
Ideally you should have continued to pay the EMI's so as to prove to the court that not only you are a joint owner, but was also paying EMI's which would have added merit to your case.
Your wife is planning to prevent you from entering the house or making any claim whatsover on the house.
You need to defend all your cases(498a, DVC, MC and also this title suit) on grounds of adultery, and get a clean chit from the court at the earliest.
Ideally you should have continued to pay the EMI's so as to prove to the court that not only you are a joint owner, but was also paying EMI's which would have added merit to your case.
Your wife is planning to prevent you from entering the house or making any claim whatsover on the house.
You need to defend all your cases(498a, DVC, MC and also this title suit) on grounds of adultery, and get a clean chit from the court at the earliest.
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Adv. Rajagopalan
Hyderabad | 500+ Answers
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Dear Sir,
As the house is a joint property, you and your wife both have equal rights over the property and she cannot restrain you from occupying the house. Appear before the court where your wife has filed the suit for permanent injunction and contest the case showing all the evidences pertaining to joint ownership of the property. The court will dismiss her interim injunction application and later the main suit. Feel free to contact me if you need any further advice.
As the house is a joint property, you and your wife both have equal rights over the property and she cannot restrain you from occupying the house. Appear before the court where your wife has filed the suit for permanent injunction and contest the case showing all the evidences pertaining to joint ownership of the property. The court will dismiss her interim injunction application and later the main suit. Feel free to contact me if you need any further advice.
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Adv. B. Srikiran
Hyderabad | 500+ Answers
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With all details and proof you need to consult any advocate personally so that you can easily handle your case and i suggest you be cautious about your case other wise you will be in a huge loss so take it serious.
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