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Offline ronakmodi143

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Mutual divorce query
« on: May 19, 2016, 09:04:07 AM »
Respected all,
i got married in may 2015, in jan 2016 bcos of some of her demands not fulfilled she left the home,
we have tried 4 times to call her back to matrimonial home but her parents didnt reply properly
on 1st may they came for discussion, but they came and fought and she took away all her stuffs along with her and went
now they are asking for divorce
so my question is if they are asking divorce is it necessary to pay them alimony??
and we disagree to pay what they demands what steps they can take??

Offline advjaibansal

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Re: Mutual divorce query
« Reply #1 on: May 19, 2016, 10:20:31 PM »
Dear Sir,

If its possible to get the mutual consent divorce done then please go for it rather than contesting the cases for years. She may demand permanent alimony or not, purely depends on her. Its not necessary to pay but if you don't pay on their demand then they may not settle the matter. Please try to negotiate their demands if there is any and settle the matter in terms of divorce. Its more like buying your peace of mind or contesting the cases for years and pay to lawyers and in the end settle with your wife and pay to her also.

If you don't meet their demands, she may file a case for maintenance, divorce, dowry harassment criminal case etc depends on the facts of the case against you and your family members.

Regards,
jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

Offline adv.amarnath

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Re: Mutual divorce query
« Reply #2 on: May 20, 2016, 02:28:33 AM »
so my question is if they are asking divorce is it necessary to pay them alimony??
Ans: For divorce there is no provisions of alimony. She has to ask separately for alimony by filing Maintenance case.

and we disagree to pay what they demands what steps they can take??
As said above she will take initiative to file Petition for Maintenance under Section 125 of Cr. P. C.

You must take precautionary steps before lump sum amount of alimony may grants in her favor by the court. Further you should also take precautionary steps to avoid her false complaint/ FIR under Section 498A of IPC.

For further clarification and consultation in details you can contact me.
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

Offline ronakmodi143

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Re: Mutual divorce query
« Reply #3 on: May 20, 2016, 07:45:12 AM »
respected jai bansal

actually she has deserted me bcos of her demands and as far as i know there is a section that if wife has deserted husband without any reason and if she is not willing to come back even after try than she is not eligible for any maintanance please correct me if i am wrong

and about dowry case i have her call recorded confessing that there was no demand of dowry done from any of our family member

so is it enough??

Offline advjaibansal

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Re: Mutual divorce query
« Reply #4 on: May 20, 2016, 08:26:43 AM »
Dear Sir,

As per the provisions of Section 125 of Criminal Procedure Code if wife has left you without there being any reasonable cause, in such circumstances she not entitled for maintenance. But at the same time there are other provision of law in which she can claim maintenance such as Domestic Violence Act or Hindu Maintenance and adoption Act or Section 24 of Hindu Marriage Act. for not giving her the maintenance from the court on the grounds that she is left your company without there being any reasonable cause, the burden lies on your shoulder to prove before the court.

The recording if as per the compliance of SEction 65 B of Indian Evidence ACt and if the same is not tampered and on the original divide on which it was recorded then it can be proved and can only help you during the trial. This may not stop her from filing a criminal case for dowry harassment or prevent the police to register the FIR.

Once the case is filed and registered by the wife for dowry harassment then it may help you during the trial of the case to prove her case false and frivolous. I hope you understand what i am talking about. In our country these evidences will help you only when the case is registered and sent to court. Not before.

Bottom line, if you are able to pay and can pay then pay her out and buy your peace of mind. Or else contest the cases if filed by the wife. Accordingly to me the best solution in matrimonial case to settle anyway either pay or not pay and don't waste your valuable time of life.

Regards,
jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

Offline ronakmodi143

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Re: Mutual divorce query
« Reply #5 on: May 20, 2016, 09:31:12 AM »
respected sir,
i also agree and believe the same thing and understood your concern
but the problem is we r middle class family
my father has spend most of his savings in this marriage, and from their side no expanses were done everything was on us... and just before few months one of her cousin also got divorce and took 6.11 lacs cash plus 15 tolas of gold from her matrimonial house... if we go for this than our life savings will be gone and than we have to start from zero..
everything this happens just to extract money bcos my inlaws are totally empty hands in financial condition and this bcomes worst after her cousins divorce

i have some proofs that she left on her owns telling that she will returns within 8 days
and records of her demands and all

i really appreciate your reply and really thankful for your time u gave me for suggetions but problem is that that we may lost all our savings of life time

Offline advjaibansal

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Re: Mutual divorce query
« Reply #6 on: May 21, 2016, 04:18:17 AM »
Dear Sir,

Under the circumstances, the only option you are left with to contest the cases filed by the wife on the basis of proofs you have collected to be used in your favour.

Regards,
jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

 

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