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Author Topic: Need quick guidance  (Read 1443 times)

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Offline btr2015

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Need quick guidance
« on: March 12, 2015, 09:26:00 PM »

I am asking for a divorce from my wife. There is no physical relation involved in our one year of marriage. But she is not ready to give a divorce with mutual consent.
- I wanted to know what amount of money can she claim as alimony from me or my parents' property?
- Can she also claim monthly maintenance? She is an IT employee.
- As she is claiming a huge amount, I also wanted to know if she has to return some part of it, if she s remarried?

Thank you!

Offline Advocate-ashoksen

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Re: Need quick guidance
« Reply #1 on: March 14, 2015, 04:00:50 AM »
Is your wife qualified / working if yes her desire to extort won't work.

another thing why do you want divorce?

Instead you should file for cruelty, because not allowing you to have sex is a ground for divorce under  the ground cruelty
Advocate Ashok Sen Calcutta High Court

Offline advocatechennai

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Re: Need quick guidance
« Reply #2 on: March 16, 2015, 05:04:36 AM »
No need to maintenance to your wife unless she claims legaly before the court of law. Why cannot you file null and void of your marriage on the ground of non consumption of marriage.

Offline saravanan.s

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Re: Need quick guidance
« Reply #3 on: March 22, 2015, 12:13:11 AM »
since there is no physical relation after your marriage you can ask for annulement of marriage on the grounds of non consumption of marriage. but you need to prove that your wife is impotent
you need to go for a contested divorce but what ever grounds you claim for divorce the burden of proof would lie on you
she can claim alimony from you only and not anything from your parents property
if you can prove to court that she is working and earning handsome salary she wont be given maintenance
no she is not enttiled to return the one time maintenance that you will be giving her but if its going to be maintenance on monthly basis you can stop providing after her remarriage but for child it would continue till it reaches eighteen years of age

Offline Advocate M.Bhadra

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Re: Need quick guidance
« Reply #4 on: March 22, 2015, 02:26:17 AM »
Better to file a suit for Judicial Separation and there after file a Divorce Suit on contest on cruelty ground. Though your marriage is voidable due to non-consummation of marriage by which it is a matter of filing a suit for Annulment of Marriage, but you would not able proof.As she is employed then she can not claim alimony.

M.Bhadra,advocate at Kolkata,9836589246

Offline das.tdas

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Re: Need quick guidance
« Reply #5 on: April 05, 2015, 10:13:47 PM »
I am a software engineer staying in Bangalore with inlaws. I am from West Bengal. Married on 2013 October.
I am Btech started my career in 2013 itself. My current earning is 3.0 lpa. I have an educational loan of 2 lakhs for which I have to pay 5k every month. My husband is a software professional too. his monthly income is 20 lpa. Every month he claims my salary to be transfered to his account. If i deny doing it he becomes furious and start abusing me and mentally harassing me.He gives me cash to spend but never allows me to keep my salary in account. Every month I am transferring the whole amount to his account from last 1.5yrs. Last month he booked my flight ticket for native which costed him 21k for which he claimed immediately that for the next two months i cant give my educational loan of 5k. I am mentally stressed out. I have no relatives here so he took this as an advantage and my parents are not that financially strong that for every issue they can fly here and resolve it. I need help, I want to know how can I stop this. He blackmail me everytime of commiting suicide, that i am putting poison in his food. abuses my parents.
Please help me to come out from this.

Thank you


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