Legal Question in Family Law in

My husband and I jointly own an apartment for which he is paying the EMI. Both of us are S/W engineers. Our relationship was not healthy from begining and I was staying in hostel not able to tolerate his abuse. Now it has been more than a year since I left him and requesting a divorce on mutual consent. He wants me to relinquish my rights on the property but shows no interest in giving me a divorce. He is demanding me to register the property in his name if he has to come for filing the petition. The property is my only ticket to freedom. I have no interest in the property and willing to let go of it provided we get divorce. I am willing to sign the documents now and register on the day of divorce and add a clause in divorce petition that I am giving up my rights on the said property due to divorce. But he is not agreeing and started sending hate mails and disturbing our neighbours, my colleagues and dads friends begging them to bring me back to him! He keeps abusing me and I dont know how to get rid of him.... Can I go for a partition suit on the property in which he is currently residing? Hope it forces him to take a decision. Kindly help.


Asked on 9/29/10, 4:19 am

1 Answer from Attorneys
Vishwa Arya Arya & Co.

yes you may file the partition suit. In my opinion, you should have some evidence of contributing into the property or else he may take the defence of proviso to section 4 to Benami Transaction Act and claim the entire property

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Answered on 10/02/10, 12:26 am


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