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RK (Doctor)     18 September 2012

498a

Need your your inputs .

Case details:

-498a,dp3/4 cases filed
-I filed writ petetion for quashing the same for my parents & siblings, it's in final hearing stage.
-No maintenance or DV filed. I have pay slips, experience certificates of the other party .
- Short marriage , no kids involved.

I have heard from my channels that they are planning for divorce and ask for Alimony and mutual compromise for divorce (Demand is 85% disount now to what was asked earlier ) because they are clear that they are going to loose 498a in another 2 ro 4 months time. They seem to rush for divorce without waiting for result of writ petetion.

So need your opinion to deal next steps.

1) Why the girl is rush for divorce all of sudden ? Should I fight divorce immedietely ?
2) Should I delay the process till we get the result of writ petetion to quash the cases?
3) I have an apartement on my name which was given for rent . 60% of bank loan is due. Should I sell it and pay the loan ? How can I protect the apartment from legal disputes at this stage ?
4) How should I avoid Permanent Alimony ? Note, She is working woman.
5) It's been  years we live separately , can the girl file maintenance cases now ?
 



Learning

 2 Replies

stanley (Freedom)     18 September 2012

1. Girl must be having affair hence must be rushing for Divorce or must be wanting to get married again ........ this must be the reason for filing false 498 A .:) due to affair .

2. Delaying is upto you as to what you want...................... in mutual Divorce they would try to fleece you of your money to agree to it .Their demands would be exobitant .if they are willing for no money MCD that go ahead with it if you  want to remarry :)

3.If apartment is on your name you dont have to bother . You can do as you please :)

4. As she is a working women and has the means and capabilty to provide for herself hence no maintanence . 

5. As you say its years since she live's  seperately so what she was working and was taking care of herself ,was capable of working and hence no maintanence . 

 

But beware she can file DV at anytime :)

Sudhir Kumar, Advocate (Advocate)     18 September 2012

Try amicable solution.  You are at receiving end due to 498a and she is at receiving end due to need for urget divorce.

 

Please discuss how beste you can get rid of each other.  You are perhaps being offered a festival discount.


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