Legal Question in Family Law in India
Dear sir/ ma`am,
My father had paid down payment on a flat as a gift for my marriage in 2004. He paid 60 per cent of the flat's worth adn the rest is being paid by me through EMIs. Due to husband's cruelty, I had to leave the house and stay with my parents in 2008. Now, my husband has taken the possession of my flat, and is refusing reconciliation. I am still paying the EMIs, while he is living there and enjoying. he is paying nothing for me or for our minor daughter, aged 2 years. This has been going on for past 11/2 years!
I have initiated divorce proceedings in family court, also requesting court to put me back in possession of my flat. My question is: If i decide to go back and live in my house, which is on solely my name, can my husband file an FIR against me, and can he file any case of theft against me? How do i get back possession of my flat. I do not want to give my aged parents any more trouble. Please help.
5 Answers from Attorneys
you have the right to stay in the your house like an actual or true owner in possession. your husband can not file any case aginst you rather you can file so many cases against your husband.
you need to file a suit for possession against your husband and should also ask for declaration from the court that you are the sole owner of the flat. this way you will be able to get your flat back without much trouble. in case you want to reside there along with your daughter, you may file a petition under domestic violence act and seek residence order. you can reside in your own house by court orders and the civil court would decide your ownership.
you can file a case under domestic viloance and get an order of residence
You can stay in the house and if your husband goes to police you can show the police the proofs you have with respect to ownership.
Your husband has absolutely no right of possessing the said property. You may simply walk in and take possession and turn your husband out of the house; besides, you may initiate criminal proceedings against him for domestic violence and cruelty. you may also claim damages from him.
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