Mental cruelty on husband
ChandanLawyersclub
(Querist) 08 June 2013
This query is : Resolved
Dear Sirs,
Couple is married from last 9 years
Wife has taken unilateral decision of not have kids, she do not want to adopt, not come forward for any treatment, infact she stops husband having relation during her fertile days. She tells she had no interest in marriage and child before marriage also, she married on obligation of parents.
Even if husband talks about adopt a child , she say she will not take any responsibility of child.
Husband has bought a joint property , 8 years back from his earlier savings and bank loan, now property worth 1cr, wife ask for half of money for mutual divorce, all his life long saving in this. Wife has not given single penny all was given by husband.
Wife threatens if husband file divorce case, she will take full property and half salary of husband through court. Implicate him 498A. Husband has offered 20-25 lakhs one time settlement for mutual divorce, post disposal of house, but wife says minimum 50% in property and salary. She works earn 20 thousand per month, husband earns 1.50L per month.
a.Is it advisable to break marriage for child by paying such huge money? If husband also wants to become childfree then relation of husband and wife becomes very good. Husband wants child, wife do not wants “at all “is creating the biggest rift in relation. Many couples stay child free life these days in developed countries.
b. Can husband file case of mental cruelty, and case of cheating because she was not interested for marriage but forced by parents for social obligation. If He contest for divorce, how much alimony and compensation he is liable? Wife do not listens to any one ( her parents, relatives, even husband has done counseling in family court to change her attitude for motherhood but in vain).
Pl. advice
Adv Archana Deshmukh
(Expert) 08 June 2013
It is for the husband to decide whether he can live without child or not. But if he does not want then, he can file for divorce on the ground of mental cruelty. As far as filing of false cases by wife is concerned then, he will have to fight it out. Though the wife is earning, considering the difference between the salaries between both, the court may award her some maintainance. However, she is not entitled to the property which is in the joint name, in view of some judgments of the HCs.
ChandanLawyersclub
(Querist) 08 June 2013
Many law experts has told minimum half of the share of property to be given to wife as per ruling of law because it is in joint name . Is it correct?
Adv Archana Deshmukh
(Expert) 08 June 2013
I do not know in what context which expert said what... though generally speaking it is true that since the property is in joint names the wife shud be entitled to 50% share. But if and only if all EMIs are paid by the husband i.e full consideration is paid by him and he can PROVE this in the court then, he can get his property back. As I said there are citations to that effect. Consult a local lawyer.
ChandanLawyersclub
(Querist) 08 June 2013
Husband has paid all EMIs, money goes from his salary account to home loan account.
Actually Husband consulted local lawyer 50% was told by him.
50 Lakh is 50% of property value is very big.
Same was told to wife by some his lawyer relative. So she is confident any way she will get 50%. If law say so there will be big loss on contesting divorce.
Adv Archana Deshmukh
(Expert) 08 June 2013
So what do you want me to say now?
I have already given my reply and I stick to it.
ChandanLawyersclub
(Querist) 08 June 2013
Thankyou all of you for advice
Can some pl. help me to give some url links of such judgments, if you know, Actually I have tried to search it in below website I am not getting.
http://www.indiankanoon.org/
Raj Kumar Makkad
(Expert) 12 June 2013
If you devote some time then you can definitely get the desired judgments on the same link.
