Legal Question in Family Law in India

MY daughter is staying away from her hushband from last 3 yrs and 4 months. She is looking out for Divorce from last 2.5 yrs. The house they were staying was on both of their names. Whenver my daughter ask for divorce, her hishband always talk about the house. By giving multiple reasons, he refuses to give my daughter her share in terms of % ( what she had invested in the house ). Is it required that Divorce and Property selling both should go together? Also - how can she get her %? If she agrees to take NO MONEY from the property then her inlawas and her hushband are ready for mutual divorce settlement. Please help.


Asked on 1/31/10, 5:17 am

1 Answer from Attorneys
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

(a) The property matter can be adjudicated by the court alongwith divorce. therefore, a mutual settlement for property dispute is not necessary.

(b) Husband's refusal to account for wife's money/property may constitute "economic and emotional violence"; the wife may consider his criminal prosecution.

(c) She should not show her eagerness for mutual divorce; and instead initiate appropriate legal proceedings for enforcement of her rights. Divorce may just be a bye-product and the husband may be more keen for a settlement.

Read more
Answered on 1/31/10, 8:36 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in India