Divorce case
sunil kumavat
(Querist) 14 November 2016
This query is : Resolved
MY WIFE IS GETTING MAINTENANCE UNDER DV CASE AND RESIDENTIAL RIGHT TO LEAVE IN MY OWN HOUSE BUT SHE IS NOT LIVING IN THE HOUSE JUST LOCKED THE HOUSE N LIVING WITH HER PARENTS IN OTHER CITY OF MAHARASHTRA.
I HAVE FILED A DIVORCE CASE IN 2015 N THE CASE IS AT FINALISING OF ISSUES , AT THIS STAGE MY WIFE AGREED TO GIVE DIVORCE BUT SHE IS DEMAMDING HUGE ALLOMONEY . I HAVE LOST MY JOB N HAS NO EARNIG SOURCE N ASSET OTHER THAN MY HOUSE, SO I I REFUSED HER OFFER .
NOW SHE HAS FILED A DIVORCE CASE IN THE SAME COURT N NOW JUDGE IS SAYING TO GO FOR MUTUAL CONCERN DIVORCE, ALL THE CHARGES AGAINST EACH OTHER WILL BE CANCELLED AND ONLY ALLOMONEY CASE WILL BE DECIDED.
AS SHE WANT TO GET MARRY SHE IS READY FOR DIVORCE AFTER LIVING SEPERATE SINCE LAST 8 YRS. AND ALOS DEMANDING HUGE ALLOMENY .
WHAT SHOUD I DO
1) IF I AGREE FOR MUTUAL DIVORCE I WILL HAVE TO GIVE HER ALLOMONEY AS PER COURT DECISOIN .
2) IF I REFUSE FOR MUTUAL CONCERN DIVORCE, AND GO WITH MY CASE AND PROVE THE CHARGES I HAD PUT ON HER OF DESRTION N MENTAL CRUELTY. I MAY DONT HAVE TO PAY HUGE ALLOMONEY TO HER .
PLEASE GUIDE .
THANKING YOU .
SUNIL
Devajyoti Barman
(Expert) 14 November 2016
1. In mutual divorce court does not pass any order except decree of divorce o mutual consent. So you have to agree on the terms of payment of alimony, if any.
2. Decree of divorce on any ground is no excuse to avoid maintenance.
Rajendra K Goyal
(Expert) 15 November 2016
In MCD alimony is payable as per the terms of agreement / consent. Decree is passed by the court.
if she does not agree for acceptable terms in MCD, no other alternate but to proceed with your case.
sunil kumavat
(Querist) 15 November 2016
Thanks for your valuable suggestion . but ...
IS IT COMPULSERY FOR ME TO GO FOR MUTUAL CONCERN DIVORCE OR IF I WISH TO PROCEED WITH THE CASE I CAN PROCEED .
THANKS .
SUNIL
Rajendra K Goyal
(Expert) 16 November 2016
Yes you can if terms of MCD not agreeable.
M V Gupta
(Expert) 18 November 2016
A strange situation. U file application for divorce and ur wife instead of contesting the application files her application for divorce. Any alimony granted or agreed to will cease the moment ur wife gets remarried. But the maintenance for children if any will continue. If the demand for alimony is huge u should as advised by the experts reject her offer and proceed with ur application.
sunil kumavat
(Querist) 18 November 2016
I dont have any children. at present i m giving her maintenance as per DV order. and she has possession of my own house.
thanks for ur valuable suggestions .
Rajendra K Goyal
(Expert) 18 November 2016
Maintenance and possession of house facility would cease as soon as she marry. If she does not vacate premises after second marriage claim rent at market rate.
sunil kumavat
(Querist) 21 November 2016
THANKS .
my lawyer suggest that after getting divorce her right to get alimony will get diluted . and if she get remarry it will even get diluted and will be helpful for me .
but i will have to prove that she has get remarry .
thanks .
sunil
Rajendra K Goyal
(Expert) 21 November 2016
You should have trust in your lawyer.
