Legal Question in Family Law in India

divorce cum property dispute
i filed a petition for divorce in Bandra family court Mumbai and attended courts first counselling was there , took our statement and went on , as both of us needed divorce so a note stating both the parties agree for mutual consent of divorce which was signed in the courtand the judge told that a decree will be passed on later date as the period of six months notice for divorce was not yet due so my next date was on 27/09/2007 on this day she gave a petition that she wants to withdraw the mutual consent as she was not aware of what was written. her lawyer also questioned about the juridiction. Actually I am staying in Nerul, Navi Mumbai but i was staying in uncle's house for few months which is in Mumbai so i filed the case in Bandra Court Mumbai.
i have purchased a flat and it is registered in both of our names.
She need half the value of the flat which she says about 17-18 lacs which she is demanding me to sell and give the share after the settlement of property then only she will give me divorce..I have taken a loan in my name of about 10 lacs which is to be repaid by 20 yrs.she hasher own house in her name and other properties.If mutual consent is signed can it be withdrawn.Does husband has rights on wife’s property.

Asked on 10/05/07, 1:59 am

5 Answers from Attorneys

Homi Maratha N.N. Maratha & Co.-Advocates

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Re: divorce cum property dispute

Well in this case you cannot be entitled with maintenance from wife, untill and unless the husband is not making enough for his livelihood and you will not get any share in the wife's property but the mutual consent can be withdrawn.

Answered on 10/05/07, 2:51 pm

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Re: divorce cum property dispute

consent can be withdrawn at any stage durig the pendency of Divorce petition and before passing of the decree.yes,husband has the right over the property of his wife but in your case senario is different.In fact in your case the principle of fiduciary relation applies.In case of need contact with details.Professional charges are applicable.

Answered on 10/05/07, 3:37 pm

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