Legal Question in Family Law in India

separation & property

I have 7 year of marriage we don't have any child, me and my wife software profeesional, my wife gone U.S. for searching job on H1 B visa now she got the good job but she don't want to stay togather but in india we have flat and bank loan on the name both of us, she paid whole loan amount and i had paid initial amount and some home expenses, she want to divorce in that case i have to do ? What about my flat ? Please give me good suggetion.


Asked on 10/10/07, 10:42 pm

5 Answers from Attorneys

G. M. Gupta gmguptaandassociates

Re: separation & property

convince her to stay with you.

otherwise for her it will be difficult to fight for a case in india so be positive.

when the flat is in joint name then you may have to divide it between you two.

it will take time anyway.

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Answered on 11/08/07, 2:51 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: separation & property

since she has paid the whole loan amount, tentatively, she may be entitled to the flat. moreover, she is entitled to return of her istridhan amount also. if you are willing for divorce, you may need to sacrifice the flat; it all depends who is more keen for divorce and what were the terms all these years. if you want a more clear advice, please provide me full facts from the date of marriage onwards about income and status of the families in detail. No charges for legal opinion.

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Answered on 10/11/07, 9:29 am
Amit Shukla AS and Associates Legal Services

Re: separation & property

You are equally partner in that flat.So,in the case of divorce your flat will be divided in to two equal parts.If both of you will sell the flat you will get half of the cost.For more advice contact personally.

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Answered on 10/12/07, 2:48 pm

Re: separation & property

You may ask for share in the property.In case of need contact with details.Professional charges are applicable.

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Answered on 10/11/07, 11:56 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: separation & property

Please let me know the facts from the date of marriage. As far the property is concerned you have to sacrifice that as far stri dhan is concerned.

Please contact personally.

Professional charges are applicable.

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Answered on 10/11/07, 2:47 pm


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