Please help...related to divorce & alimony.

Dear Pankaj,

Your case is important and the same may be happended in anyone's life.

I request to all the seniors to give a highlight on the issue asked by Pankaj for also the benefit of others.

Thanks and regards,

Robin Mahato

as per your query please note the following;-1)Petition for mutual consent divorce would not be helpful for you.  2) Does not lie, but she can file then you should get aniticipatory bail.  3)You shuld have file a suit for annulment of marriage on nullity ground for non-consummation of marriage,so 'there was no question of alimony  4)lengthy process not earlier pre-sumption.  5) it is depends on your income and liabilities  6) file a Written objection.

Marriage act is infavour of woman.Due to the recent days situation, it has to be amended.OK

Divorce petition is taking more than 2 years depeding upon the fighting attitude of wife

quantum of  maintenance depending upon your earing position and financial condition

Notarised document can only be useful to attack the charactor of your wife

IF U ARE IN HURRY FOR SECOND MARRIAGE MEANS IT IS NOT SO EASY AND EARLY

DONT WORRY LOT OF PEOPLES ARE IN YOUR BOAT.

BEST OFLUCK

1.     Will notary & signed petition of MCD will be useful for further legal proceeding although she has denied it?

Yes, as it went to level of first motion, it certainly helps

2.     After 5 years of separation can she file 498a & DV case against me? If files can they sustain?

Yes she can file, but wont stand on any legal reaons, will be quashed or discharged

3.     (a) Does length of marriage &

    (b)  Marriage with ought physical relation

        counts for deciding alimony? If yes is there any SC/HC judgments related 

         to this.

Lot many, in fact desertion and cruelty ground both applies here.

4.     In family court how much time will take for contested divorce? 

depends min 3 years

5.     What to do if she asked huge amount & I am not able to pay it. If I fight case on merit basis what will be alimony amount. She has already refused maintenance in notary & in MCD affidavit.

proove that she deserted on her will, she is working, educated, no conjucational relation, if you proove she wont get any maintenance

6.     What steps should I take to reduce alimony amount. LIC/ Car loan/Home loan EMI will help.

Car loan not allwoed, in fact it rasies maintenance level

Home loan is yes, but home should not be in your name

make LIC insurance and stuff like that all 80CC are decuted

Medical need ( enhance your medical bill :-)))

@Minansu Bhadra

Can I still file a suit for annulment of marriage on nullity ground for non-consummation of marriage....

because I have mentioned in  divorce petition/Affidavit that we was married on …….

Originally posted by : Minansu Bhadra
	as per your query please note the following;-1)Petition for mutual consent divorce would not be helpful for you.  2) Does not lie, but she can file then you should get aniticipatory bail.  3)You shuld have file a suit for annulment of marriage on nullity ground for non-consummation of marriage,so 'there was no question of alimony  4)lengthy process not earlier pre-sumption.  5) it is depends on your income and liabilities  6) file a Written objection.

Can I still file a suit for annulment of marriage on nullity ground for non-consummation of marriage....

because I have mentioned in  divorce petition/Affidavit that we was married on …….

Originally posted by : Pankaj Akola MS
	My Question: 1.     Will notary & signed petition of MCD will be useful for further legal proceeding although she has denied it? Notary signed document is not that worthy, anybody could get it donem 10 rs give they put sign and give. 2.     After 5 years of separation can she file 498a & DV case against me? If files can they sustain?   Hai re mere desh ka kanoon, yes she can file a DV case against you as well as dowry case, come on, red color note can make you register a false case!  If filed also they wont sustain ! 3.     (a) Does length of marriage &     (b)  Marriage with ought physical relation         counts for deciding alimony? If yes is there any SC/HC judgments related           to this.   Money ie alimony is decided on what you earning, what she earing, your property, her property, your bank balance, her bank balance. 4.     In family court how much time will take for contested divorce? If you are lucky enough 6 years.  If luck is somewhere else and you cannot find it, there have been cases which have been running for more than a decade ! 5.     What to do if she asked huge amount & I am not able to pay it. If I fight case on merit basis what will be alimony amount. She has already refused maintenance in notary & in MCD affidavit. 6.     What steps should I take to reduce alimony amount. LIC/ Car loan/Home loan EMI will help.

..........................................

5.     What to do if she asked huge amount & I am not able to pay it. If I fight case on merit basis what will be alimony amount. She has already refused maintenance in notary & in MCD affidavit.

Its like mandi, ie vegetable market, bargaining is the best option.

Make sure that the judge comes to know how much is your capakity to pay 

money.  I really cannot say what the alimony amount will be as I do not have any idea about your or her earnings and financial status.  NOw that she has refused alimony, it does not mean that she cannot ask alimony later.

6.     What steps should I take to reduce alimony amount. LIC/ Car loan/Home loan EMI will help.

LIC/ car loan home loan emi, I could not get my head around it, could you explain what connection between you paying LIC premium and EMI of car and home loans?

Only way out for reducing alimony is tell

The petitioner begs to submit as under:  and cry in your application that you are incapable of paying huge sums of money, and that to reduce it so that you need not have to sell your kidney in the near future to clear off the balance of interim alimony!

Originally posted by : Sujay
	5.     What to do if she asked huge amount & I am not able to pay it. If I fight case on merit basis what will be alimony amount. She has already refused maintenance in notary & in MCD affidavit. Its like mandi, ie vegetable market, bargaining is the best option. Make sure that the judge comes to know how much is your capakity to pay  money.  I really cannot say what the alimony amount will be as I do not have any idea about your or her earnings and financial status.  NOw that she has refused alimony, it does not mean that she cannot ask alimony later. 6.     What steps should I take to reduce alimony amount. LIC/ Car loan/Home loan EMI will help. LIC/ car loan home loan emi, I could not get my head around it, could you explain what connection between you paying LIC premium and EMI of car and home loans? Only way out for reducing alimony is tell The petitioner begs to submit as under:  and cry in your application that you are incapable of paying huge sums of money, and that to reduce it so that you need not have to sell your kidney in the near future to clear off the balance of interim alimony!

Thanks for your reply...

My assumption is that ( may be wrong ….I don’t know…) after paying all EMI/ insurance premiums less amount will be left in hand & based on this amount maintenance will be decided.

I have seen somewhere mentioning that home EMI will be considered but don’t know about car EMI & insurance premium.

Pankaj

Hello sir/madam,

      1. i married on nov 2010 my wife went to her home in apr. 2011 and file a complaint in caw cell.

      2.. she come back in 2sep. 2011 nd after dat she tell me 26 sep. dat she is pregnent

      3. nd again she go back her home 22 feb 2012  nd file again a complaint in caw cell in 24aug. 2012

      4. our last hearing in caw cell in october nd till now they don't lodge a fir, they mention in said complaint dat she

           came at her house on 7 month of pregnancy which is mar to apr.2012

       5. Now we r seprated nearly from 1year, now i want to divorce i luv my child but not to her because she made issue

            on small things. pls. tell me am i file a divorce case after 1 year seperation nd how much time to get it nd she

            said to me in caw cell that she didn't came back nd also don't give me divorce. Now. plz. helpers suggest me u r

            experts.  Now i don't want to live with her because my nd my family future is unsafe with her.

Dear friends,
Below is the update of my case...
  Yesterday was the date given for written statement for other party.
But her advocate appeared and submit application regarding her sickness and
asked another date for the WS submission.
next date is 26/03/2013...
I think they are delaying the case...
What to do? please reply...

Dear members,

Below is progress of my case. Today was my date in family court for the WS & reply submission for opposite party.

1. As usual they have denied the allegation that I made in my divorce petition.. I have filed divorce petition on the ground of mental cruelty & desertion.

2. The important point submitted in her WS/reply is that she has denied the mutual consent divorce petition filed by us on 24/01/2011, which is not true. The fact is that MCD was filed by us on 24/01/2011in district court. At the time of submission our signature was verified by court superintendent & thumb impression was taken. After due verification petition was accepted by Hon. Court on 24/01/2011 & six months time was given for rethinking. But for next 18 months she never appeared in court. Hence my MCD petition was dismissed on 18/10/2012.

3. My problem is that now she is denying her consent given for MCD filing & said that she was not aware of such thing. I have obtained her signature disguised way at office of Advocate & submit it to court. Now help me to prove that she is lying. I have got the certified copies of MCD petition. On this petition there are superintendent’s “Sign before me” stamp & signature near her signature. Can I file RTI in district court to get more evidences?

4. She also mentioned false thing as “Respondent/She orally informed to the court how petitioner/I has managed to file the petition. The Hon’ble court immediately dismissed the divorce petition (MCD) filed by petitioner.” The fact is that she never appeared in court after first motion of MCD. The district judge was very cooperative towards me. Judge told me that to speed up the process we will send the notice to her to appear in court through special belief. On the same day(17/09/2012) special belief was sent, but when belief went to her home they told that she is not at home. Same this thing is mentioned in belief report. Now please guide for proving that she is lying. Can I use RTI to prove that she never appeared in court after first motion & doesn’t tell anything to judge.

5. Today she has also applied for interim maintenance U/S 24. As per her reply I am earning 75,000/- per month (which is not true) & need Rs 30,000 per month as maintenance. I don’t want to pay her anything as she has spoiled my life.

Waiting for reply….

1. Usually in every counter they deny specially in matrimonial cases.

2.  According to your information you have filed for mutual consent divorce petition. MCD can be proved; generally at the time of filing MCD both the parties should be present in the court. If it didnt happen, you cannot prove.

3. You cannot avoid maintenance as per the law / moral logic husband is responsible for maintenance of wife/children etc. Exceptions are that you need to prove that she deserted you on her own / she is earning etc.

I suggest that, as many replies you get on the forum you will be confused. Keep trust in your lawyer/counsel and proceed.  Discuss all this things with your lawyer and only he can help you as he is the person to draft your petition/counter etc. and convey the court what you want.