How long wife can drag the contested divorce even after having sufficient income and assets
ChandanLawyersclub
(Querist) 15 August 2014
This query is : Resolved
Dear experts,
I am married from last 12 years, have no kids. I did a big mistake 9 years back bought a joint property on name with her, now value 100L. From that point my wife’s behavior changed bit, she stopped have relations with me. To show my anger in 2008 I changed the job without telling her moved to another city, almost disappeared from world for 5 months, joined new company 2500 kms away, this was based on wrong advise of my elders. My wife joined me after 3 years gap post 2 RCR notices, she conceived and miscarriage after 4 month. Now she is not ready of any child, nor she want to adopt , nor to take treatment. I have gone all my advance fertility test, doctor says your wife has medical problem. I have requested many times to my wife to have treatment, have kid, she tells me, she feels unsecured due to my past behavior of joining another company without informing her. Due to this she want 50% of house money to be given to her. I am selling the house and giving 50L to her next month. I have shown my house papers to lawyers in past each one told her name is present as joint owner so you need to forgo 50% even in case of divorce. It took long time to me to get ready to forgo this 50%.
Now I am selling the house giving her 50L next month to buy house only in her name. I want to save marriage, so want to go with this choice. Here I want to see whether she fulfills her commitments. My major problem with her is child. If that gap filled I am emotionally happy, Ok to live with her.
My worry is if after giving this 50L she refuses to take treatment or change her attitude to adopt child . If I file a divorce will court consider this 50L as permanent alimony? She is double post graduate a teacher earns 20 thousand salary. 50L house will fetch 20 thousand rent per month, so total her earning will be 40L per month+50L asset. How long she can drag the divorce case even after paying so much?
Other route for me is file a divorce right now and attach 100L property in my petition, give 50% latter on in mediation. Here also it will be again contested case. Will this route save my time to get contested divorce and alimony? if this this route has some advantage then only I would like to consider.
request experts to comments.
Regards
Chandra.
ajay sethi
(Expert) 15 August 2014
1) contested divorce petition take around 5 years to be disposed of .
2) mutual consent divorce take around 6 months .
3) it is better you talk to your wife to agree for mutual consent divorce since your wife dosent want a child nor is willing to adopt one
4) then pay her Rs 50 lakhs at time of second motion .
5)
ChandanLawyersclub
(Querist) 15 August 2014
Mr. Ajay,
I have spoken to her many times, she is not ready for MCD also. For contested also she says she will drag it long years.
ajay sethi
(Expert) 15 August 2014
dont sell the property now . why pay her Rs 5o lakhs ? she would with said money drag divorce petition for years
Devajyoti Barman
(Expert) 15 August 2014
Since she is joint owner of the house, you can not restrain her from getting her share in the sale price of the flat.
File a suit for divorce anyway if she is not ready for MCD.
ChandanLawyersclub
(Querist) 15 August 2014
Yes she is joint owner any way I have to give 50 L.
If I give her next month if self 50L and her attitude if changes fine else I will file suit divorce.
Is there risk she take this 50 L and drags the case for years latter on.
Devajyoti Barman
(Expert) 15 August 2014
you are paying her share only..not a quid pro quo to get divorce.
Sudhir Kumar, Advocate
(Expert) 15 August 2014
the tone and tenor of your query indicates that dead end is not yet there. reconciliation may be possible.
ChandanLawyersclub
(Querist) 15 August 2014
yes sir
we have issue due to child only, we stay together. I do't want to break marriage as long as possible , if child is there, no pain in our relationship.
she says she need security , then she will come for treatment,so I want to take a chance. In any case I have to give 50%.
If I give that in advance, it may create trust on her and she will come for treatment problem solved. If she do not keep her promise then last option is file petition,is that bad for me?
Devajyoti Barman
(Expert) 15 August 2014
Payment of money alone has hardly been proved to be a means to survive a marriage.
It is expected to only enlarge the scope of her greed.
Sudhir Kumar, Advocate
(Expert) 15 August 2014
her worry is bonafide because of immaturity shown by you in the past.
ChandanLawyersclub
(Querist) 15 August 2014
I do agree I have shown immaturity in 2008.
2 years back we have counselling under family courts legal services, where I have shared my concern about child to Judge. He was telling me why you want to break your marriage for a child, many couples marriage was even broken due to problems came due to children. I was hoping god will do some miracle to medical condition of my wife or she will agree to adopt or come for IVF treatment. But she has not come forward for any thing.
I am planning to raise the concern again in family court in 15 days. Will this give consideration to my concern that I have paid money for survival of marriage and would be considered as part of alimony if things goes wrong.
V R SHROFF
(Expert) 15 August 2014
wait and watch. keep cool. WHY HURRY????
YOU CAN RENT IT OUT FOR 50 YEARS; COLLECTING ALMOST ALL MONEY !!
Rajendra K Goyal
(Expert) 16 August 2014
Inspite of selling it now, you can wait. There are all chances that she would not amend her thinking. A good suggestion from expert VR SHROFF ji to give the property on rent at present.
ChandanLawyersclub
(Querist) 16 August 2014
Thx all
Actually house is in Chennai, our tenant is staying in that from 8 years. He himself is buyer, interested from 4-5 years . We are bit worried, if I continue him as tenant he will not vacate latter, he is too much emotionally attached with that house now, it was very lucky house for him. However I have bank loan of 20L balance as of now. Legally he has no ownership right on house. But he is a local guy. I am not local. as of now no default in paying rent on time.
We are not going to settle in Chennai, stay in another metro. Plan was to buy another house in my name /joint( if she do not agree) where we stay, but she is adamant she wants her DD due to 2008 incidents.
I think its better to ask the current tenant to vacate and wait for some time.
ajay sethi
(Expert) 18 August 2014
it is your call . we have advised you at length
T. Kalaiselvan, Advocate
(Expert) 21 August 2014
As rightly said by expert Mr. Ajay Sethi, you have been advised at length by every one, now it is your call. Do not ever do the same mistake of buying the property in joint names.
