Divorce and maintenance
Sonal Verma
(Querist) 18 May 2013
This query is : Resolved
Respected Experts,
I have filed 498A and CrPc 125 against my husband and he has filed 13A against me in his city's Family Court on the basis of desertion of marital happiness.
I want to ask when should I file for divorce as in the Mediation process also i said that i want to take divorce but my lawyer said i should not have said this as it might make me lose the case I should have said that I want to live with my husband and he is the one who wants to take divorce. my lawyer has not taken any initiative to take divorce, according to him first we should make mental pressure on him by the maintenance case.
I do not know in which direction my case is going as it has been running in respective courts from more than a year.
I want to ask that whatever i said in mediation will really weak my character and when should I file for divorce?
Thanking you Sir !
Raj Kumar Makkad
(Expert) 19 May 2013
Mediation proceeding do not become part of the court file if both parties have not reached to an amicable settlement. If mediation has failed then the report of only failure shall become part of the proceeding and case shall run in routine as per procedure.
R.K Nanda
(Expert) 19 May 2013
no more to add.
Sonal Verma
(Querist) 19 May 2013
Thank You for the reply experts..
I was really tensed, My lawyer said that whatever I said in mediation will weak your position and my husband's lawyer will make a point that if she wants to take divorce then why she filed 125 CrPc and all.. I would tell my lawyer to file for the divorce case ASAP.. please add further suggestions which can help me further.
Sonal Verma
(Querist) 19 May 2013
Please give me more opinions and suggestions..
BRIJENDRA K SINGH
(Expert) 19 May 2013
"I want to live with my husband and he is the one who wants to take divorce".-yours statement.
Why your husband wants divorce ?
If you want to live with him than don't give divorce and compromise in lean way an give assurance for not to do such type act in future.If your husband still wants divorce ,for not to give divorce by your husband put pressure by demanding part of his property and half income.
I think it is sufficient for withdraw his 13A by your husband. And you also withdraw your u/s of IPC 498A and u/s 125 Crpc
Sonal Verma
(Querist) 20 May 2013
Respected Expert Adv Brijendra k Singh.. I also want to take divorce but according to my lawyer I should have rather say that I want to live with him and he is the who is willing to take divorce just for the sake of mediation.
Nadeem Qureshi
(Expert) 20 May 2013
Dear Sonal
You wanna divorce only or want maintenance to from your husband, if you want both then fight the case on merit and no need to go to mediation for compromise. if you want only divorce from him then settle the matter amicably and file mutual consent divorce before court u/s 13 B of Hindu Marriage Act.
the negative point for MCD: you can not claim maintenance from him.
Feel Free to Call
Sonal Verma
(Querist) 20 May 2013
thank you nadeem sir for the reply.. Mediation process has been done in respective family courts. I gave My statement that I too want divorce from him if he returns all my belongings in my husband's family court. But my lawyer said that You Should have said that You want to live with him if he changes his behavior but this is not true I have already told my lawyer that I also want divorce. Before my lawyer said that Mediation is just a small phase and it doesn't have impact in the case but now he is saying that as Counselor has written that You both wants to get divorce if will weaken my position in the case.. Is that true ??
V R SHROFF
(Expert) 20 May 2013
Councillor report will not affect.
By all means MCD is best way out.
Sonal Verma
(Querist) 21 May 2013
thank you Shroff sir for your kind reply :)
ajay sethi
(Expert) 21 May 2013
it wont weaken your case . you have stated the truth before counsellor . you want divorce on the condition that your husband is willing to return your belongings. file for divorce by mutual consent . if the case is prolonged you dont gain . you only increase your lawyer fees
Sonal Verma
(Querist) 21 May 2013
thank you Ajay Sethi Sir for your kind reply
Adv Archana Deshmukh
(Expert) 26 May 2013
If both wants divorce then MCD with one time lumpsum alimony to you is the best option.
Raj Kumar Makkad
(Expert) 26 May 2013
Permanent alimony should be mutually decided along-with its mode of payment.
