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BHARATI MITRA (ES)     13 June 2013

Divorce

Dear Experts

Need your advise.  One of my family friend - almost a senior citizen,  wife left him after 30 years of marriage.  No reason, he has completed all his duties - best education of US to only daughter, best of life to wife/daughter when he was in job since he was holding a high position.  He suddenly lost job 5 years ago.  Before loosing job he spent almost 10 years of his income on daughter's education - hence no saving for those 10 years.  He had taken loan for education which had to be paid immediately from whatever he had saved since he lost the job suddenly.  He could not find any job after that and now almost 60 years.

Wife filed divorce case asking for whooping maintenance and alimony as per the standard of life she had with her husband.  She is quoting in the petition all small small quarrels which they had during their stay for those 30 years.  All that she has mentioned in the petition are allegations. 

At this age and stage it is her duty to take care of the ageing husband but now when it is her turn to maintain her husband, she has left him where there is no one to look after him - his mother is in late eighties.  He does not get proper food regularly,  He has history of high lipid profile, etc. where he should have diet food but wife is not bothered but only wants money for her life.

Kindly suggest his defense.



Learning

 6 Replies

Adv Archana Deshmukh (Practicing Advocate)     13 June 2013

The court won't grant divorce for small petty quarrals. However, it is also true that the court cannot force the wife to live with her husband and perform her duties towards her husband. Engage a good lawyer and fight the case properly otherwise some hefty maintainance order may be passed. The court will send both the parties for councelling and during that time the matter may be patched up. She might have demanded huge alimony but the court if ever grants alimony, will see the present situation and earnings of the husband.


(Guest)

Agree with experts.

BHARATI MITRA (ES)     17 June 2013

Mr. Need Justice

Did not get this point of yours

"take whatever is left, and go to a old age home - both mother and son." 

who should to go old age home - the father? - I think you should stop giving such stupid advises, atleast dont make fun of the unhappy husbands/fathers

Firstly they have one daughter to whom he has given the best and most expensive education of the world - she is MD, medicine from US - entire education in US and who has been brain-washed by mother against the father as she was away from home for so many years.  She has believed whatever the mother has told about the father.  She too kept very good relationship with father till she could finish her entire studies and her marriage with the boy of her choice from US.  Now she has not kept contact with father since she has to pay back the loan amount of her studies which the father had taken and paid.

You suggest not to spend on lawyers - then do what? pay penalty for his good deeds

I expected some very good advise from experts in this field.

Adv Archana Deshmukh (Practicing Advocate)     17 June 2013

Deny the allegations properly. Ask the man to file all medical reports of himself and his mother and also the expenses he is incurring towards it. Engage a good lawyer so that the wife can be cross examined properly and the case is argued properly.

 

BHARATI MITRA (ES)     18 June 2013

Thank Adv Archana for your advise.  He is trying to do this.

I have heard about you a lot.  how can we contact you if need be

Adv Archana Deshmukh (Practicing Advocate)     18 June 2013

You can consult by email or phone.


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