Regarding Divorce
Bhargav
(Querist) 18 September 2018
This query is : Resolved
Hi,
Due to too much quarrel in our Merriage life we had decided to take divorce.
My details and queries are as below.
1. Merriage period time is 2.5 years with no children.
2. I am Earning 55000 per month and have assets of Rs. 5lack (shares & fd) in my name.
3. My wife was not earning anything.
4. She had parents and 2 sister (both married) in her family.
5. From my side have mother only and 1 brother (doctor by profession) who is unmarried and leaving with us only.
6. There is property of approx 25 laxks (shares and fd) in both of them name. No other property in Family.
7. We are leaving in Rented flat which cost 12000 per month.
8. My age is 35 and my wife age is 34.
My query is...
1. How much maximum rensome she can claim?
2. What can be the maximum amount Court will finalize (as per my income and property) for rensom that I have to pay to her?
3. Whether court will consider my brother or mother's property / income while calculating rensome amount?
4. Rensome amount will be in monthly basis or one time paymnet?
Pls suggest and help as I am in such a huge depression because of all this legal matter. Bcz this will be my first footstep towards police station or Court in my life.
Srinivas Jerripothula
(Expert) 18 September 2018
Bhargav, ur not more specific about ur case. U can file divorce as null and void of marriage.
Guest
(Expert) 18 September 2018
Divorce or no divorce, for the purpose of maintenance claim by your wife only your income would count.
Vijay Raj Mahajan
(Expert) 18 September 2018
"Ransom amount", firstly what do you mean by this term? Do you think that Indian courts order paying ransom money thus propagating the criminal offence?
You must mind the language while addressing the issue properly.
The wife can claim maintenance from her husband if she has no means to maintain herself the amount that she can be ordered depend on the financial status of both parties, the income and expenditure of the husband and as is mostly 20 to 25 % of the income in hand of the husband that is allowed by the court for monthly maintenance of wife. For maintenance purpose the financial status, property and income of husband is taken in consideration not other members of his family.
As far divorce is concerned it is for valid marriage only not marriage which is null and void, saw someone making irrelevant comments with regard to divorce as null and void of marriage, person is supposed to be an expert stating this.
Anyhow you may file for divorce if you have good enough ground for it, merely you both are unable to live together will be ground for divorce by mutual consent filled jointly by both parties only, otherwise ground of cruelty by the spouse that broke the marriage can be made ground for divorce, whether the cruelty pleaded as ground is good enough to dissolve the marriage by decree of divorce that court will decide.
Dr J C Vashista
(Expert) 24 September 2018
I agree with expert Mr. Vijay Raj Mahajan and Mr. PS Dhingra.
No Court (not only Indian but universally) grant any ransome, as stated/ alleged by you.
However, your wife is entitled for her maintenance from your income (considering your lifestyle and standard).
Consult and engage a local prudent lawyer to contest the case(s) filed by your beloved against you. However, if you are located in Delhi/NCR and feel may contact me, (by appointment) at:
Chamber No. 647, 6th Floor, Lawyer's chamber Block, Dwarka Courts Complex, Sector 10, Dwarka, New Delhi-110075 Cell # 9891152939 email: majjagdish@yahoo.com
