Wife’s adamant nature
ChandanLawyersclub
(Querist) 06 January 2013
This query is : Resolved
Dear Experts,
I am married from last 9 years, my wife was separated 4 years in between, and through RCR she joined me. We have tried for a family , seems some medical problem to her, I have gone through all my medical tests everything is fine for me. She is not willing to come forward for treatment says she do not want family. I have given option of adoption / surrogacy, she is not willing. I have discussed with her regarding mutual divorce. She is not willing to give that says her parents will be in shock. I have taken her 4 times to family court for counseling , she says to judge she is trying for family. But clearly tells me to get married to another for kid,if I want a kid, she will give me in writing as no objection but I have to pay each month maintenance of Rs 20000 to her, increase it every year as my salary increases. By mistake I bought a property in joint name 7 years back, value 80Lakhs now, I was planning to sell it and buy new near my home town, now she says 40 lakh cheque/dd to be given in her name, she will decide where to invest, she is co-owner, she has not paid a single penny. She tells if I file divorce, she will implicate me in DV, 498A and spoil my life and career, and drag the case for 10-15 years. I have asked help from her parents, she do not listens to any one. She drags always past misunderstanding topics in present and spoils the relations. She was working earlier now left job voluntarily. I pay her Rs 10000 as pocket money also.
I can live with her if she is coming forward for treatment or adoption or surrogacy. I cannot marry without legally divorce. Divorce will cost me huge payouts and 10 years dragging of case.
I have two options
1.Go for surrogated my own child by egg donor (She is willing to sign it)My mother will take care of Kid for 5-6 years, latter I will send him/her to boarding school.
2.Contest for divorce which she will drag for 10-15 years and pay hefty price of 40L House(half)+ maintenance .
What is realistic compensation and number of years it will take if I contest for divorce? My salary is Rs 1.2 Lakhs PM + I have house joint property of 80Lakhs. She has two Masters Degree+BED was working as teacher( She is only single child of her parents, her parents assets value 40Lakhs).
Thx in advance
Raj Kumar Makkad
(Expert) 06 January 2013
In the given facts, it shall be better to have surrogated son instead of getting divorce from her as she is having 1/2 ownership over the joint property and moreover she may definitely get approx. an amount of Rs. 40,000/- per month as per maintenance till she remarries or till life and the litigation may take 5-10 years.
ChandanLawyersclub
(Querist) 06 January 2013
thank you Sir,
I also feel the same.Its costing me maximum Rs 12 Lakhs including treatment of surrogate. I have checked with 3-4 well known clinics.
Raj Kumar Makkad
(Expert) 06 January 2013
If you also feel same as suggested then go ahead without thinking more on alternates as your wife is also ready to allow you for this purpose.
Devajyoti Barman
(Expert) 06 January 2013
You better go for permanent settlement bu divorce. This case is not likely to be solved by mere surrogacy or adoption keeping her consistent behavioural problem in mind.
ChandanLawyersclub
(Querist) 06 January 2013
Sir,
She is expecting half of my property 40L and half of my salary and she is not going to leave me till her parents are live thats what she says. Contesting divorce may take 10 years.If she put up DV& 498A that will be additional problem for me.
ajay sethi
(Expert) 07 January 2013
well advised by makkad
V R SHROFF
(Expert) 07 January 2013
Surrendering to the demands proves cheaper , looking at inflation & increased demands in future for entire life.
so settle.
Raj Kumar Makkad
(Expert) 07 January 2013
Mutual settlement is the best option in the married life.
