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aditya (Owner)     03 July 2011

Wife asking for 40lac as a alimoney

Hello Friends,

 

I need advice on what should I do. me and my wife married on 26th Jan 2010. Our marriage never took off. We have clashes on everything. So I decided for divorce on 1st april 2011. 1st My inlaws asked for 1cr alimoney then they come down to 72 lacs now the are asking for 48 Lacs. We have been staying separate from 12th Jun 2011. My inlaws have seen the opportunity to milk some money out of me. I have a personal savings of 5Lac rupees so I offered her 5Lac rs. But they take out all the information about my mother property like 38 acres of land, two houses in mumbai etc. So they are saying gives the one time money in such a way that it will gurantee her future. We dont have any child. Now they are threataning us that they leave their dughter to our house and do whatever u want to do. I fear that she may commit sucide. They are blaming me for extra matrial affair which is not true. I dont want loose years in court matters as I 27 now and I can remarry after 2-3 years.

1. What should be my ideal step. I am ready pay them around 5-10 Lac Onetime alimoney.

2. When should I give them money if MCD is agreed.



Learning

 29 Replies

aditya (Owner)     03 July 2011

pls reply as i am in desparate need of advice

Devesh A. Bhatia (Advocate)     03 July 2011

Aditya,

Sorry for you after reading this. Situations like this are scaring people from marriages now a days and inducing them in entering livein relationships. 

Kindly give details regarding your mother's property. Is her property self aquired or given to her through her parents? If this property is self acquired or given to your mother through a will then your wife cannot have claim over it. If this property is not given to her through a will but fell upon her at separation in your maternal house then your wife may claim it. 

The cases and law support that your wife shall be given a certain amount to mentain the standard of living which she has become habitual to while residing with you. 

Normally in these cases wife's family try to threaten a person by using 498-a and dowry acts. Dont get scared with that and make sure you stick to your initial offer of your savings only. 

aditya (Owner)     03 July 2011

1.property of 38 Acres land, two houses in mumbai. THis is property is self aquired.

2. If i stick to our initial offer then they will send their daughter(my wife) to my house. and if she commits sucide my whole family come into trouble.

they have asked for house in mumbai which i feel good option for me for exiting from dead marriage.
 

rajkumar (student)     03 July 2011

Adithya

But they take out all the information about my mother property like 38 acres of land, two houses in mumbai etc. So they are saying gives the one time money in such a way that it will gurantee her future.

They cannot claim any property in the name of ur mother whether it is ancestral properties or self earned properties. If the properties are in ur name thay can claim.

Now they are threataning us that they leave their dughter to our house and do whatever u want to do. I fear that she may commit sucide.

Don't accept her in ur house or u can contact  a lawyer and tell them to sign  the declaration form that she will no indulge in suicide attempt and ur conditions with the help of ur lawyer.

They are blaming me for extra matrial affair which is not true. I dont want loose years in court matters as I 27 now and I can remarry after 2-3 years.

According to ur inlaws it may be true ,because most marriages fail because of the extra martial affairs .There is a proverb "without smoke there will not be  fire". Even if u have extra martial affiars , don't keep any photos or any love letters in ur house .

Now it is possible for ur wife to file 125 crpc or DV act to get shared accomidation in ur house and a 498A .

Even if they file DV or 498a they have to file a complaint in the policestation ,and based on the enquiry in the police station, only if they find any evidence that u have done any mental cruelty or physical cruelty or demanded any dowry they will file fir ,so u only knows whether any cruelty u did  or not ,if u did any cruelty immediatly hire a lawyer and ready to take Anticipate bail if any thing happens and defend ur case.

I am ready pay them around 5-10 Lac Onetime alimoney.

Don't agree to give the ontime alimony immediately .If u offer 5 lakhs they will demand more , so wait for there next move , u will get chance like counselling in police station , courts ect ,at that time  u politly make a offer, if they accept they will withdraw the case else contest the case ,u can also win without any alimony in courts .According to ur statements u are only intrested in Divorce ,but they are ready to send there daughter ,so put some conditions to avoid comming to ur matrimony house.
 

aditya (Owner)     03 July 2011

the main question is I dont want to spend 5-6 yrs of my life in courts contesting for the result which i may not get.That is why i can comprise on alimoney part.

So what will be the advice??

yogesh (will tell you later)     03 July 2011

Aditya Ji,

No court compel you to give money for mainatance either by begging or by taking loans from bank. She cannot claim anything from your Mother property as she has no right

Mutual consent is the beat way of divorce, explian the situation properly as if they agreed to settle the value which you are in position to pay(not by focr at your sweet will)

If any reasonble person is at your place, he should not give any money to hewr if the girl is cpable and qualified enough to maintain her self. Its good that you have not children as the maintanance money amount may also be increased

Further the fault lies towards the girl, file the suit for diovorce as she has deserted you(But it will take longer time)

You are 27 and if you have better posspects anf future may settle the value at reasonable price or let the court will decide which also goes in your favor...........


(Guest)

I fear that she may commit sucide kkk  It clearly depict that all is your faults. When a girl abandons her father home and come to matrimonial home she has so many desires and expectations with her husband. Please just for sometime as a detatched observer analyise your married life and please try to understand your wife's perception. I hope she may not need your money but only desires for unconditional love and acceptance from you.

As a student of law i advise you to carry with legal proceedings as it give you beneficial results. .

jeetendra patel (lawyer)     03 July 2011

please dont give any amount unless you file petition in the court for divorce /for divorce with mutual consent.and for the same necessary period of separation has to be gone through.dont pay anything in the haste just now make it a perfect legal affair .now a days most of the girls are misusing the weapon of 498aetc.

dont panic.if your inlaws threatends you or send your wife and she threatends to commit suicide make a police complaint for your safety. always consult a lawyer no short cut all the best.

aditya (Owner)     03 July 2011

it is posible to launch a complaint against my wife for threatning to suscide???

Jamai Of Law (propra)     03 July 2011

Par tum to keh rehe the ki ....................... tumhe court kacheri ke chakkar mein nahi padna hai...

 

 

And you were absolutely right that ..................................  you may lose your important young age period in these hassles................ by making complaint you would invite those!! .. won't you!!

 

 

aditya (Owner)     03 July 2011

no my question is it is possible to launch a complaint agaist wIFE for thereataning to suscide or not?


(Guest)

I think you may not complain against her because someone cannot complain against someone for his/her thoughts. We lodge any FIR/ complaint when someone does some legal wrong/ crime. Our police, judiciary cannot punish someone for his/ her thoughts.

**Victim** (job)     04 July 2011

@ Aditya your wife has no rights to claim on your mother's or fathers property even if she goes in the court claiming all those things she won't get it......if there is any property in ur name then she is definately entitled to claim that.............as advised by someone else u will definately get a chance for mediation by court once she files Crpc 125 or DV......no matter what she does as of right now she is entitled for maintenance so be ready to pay her and do not make any settlements outside court because settlements outside court won't be valid.

1 Like

**Victim** (job)     04 July 2011

@ Aditya don't be scare man.......matter of fact u r lucky one that atleast ur inlaws are willing to send ur wife at ur house if they have guts to send your wife at your house then why don't you have guts to accept your wife ? if i was you i would have definately accept her and start living again but not everyone thinks the same.....but still decision will be yours u have 2 options either pay for it and get rid of her or accept her as your wife and accept ur responsibilities it is as simple as that.............if there are any clashes between both of u then get it settled in front of court so that she don't threaten u for committing suicide and all


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