Divorce - filing objection

Didn't quite get you...Elaborate...

hello,

if your wife is employed then she is not entitled to maintenance.

you have to prove the same in the court.

 

 

regards-

rahul.gogreen@gmail.com

My wife had filed for divorce and had asked for 30k maintainence as well. Currenlty i'm in the mediation process, the wife doesn't want to return even though i've made multiple attempts. Her objective is pull the case so that somehow i'll agree for giving some money..  The case was filed on Sep,2011 and i got the summons only on Sep 2012. Btw, sep 2011 - Sep 2012, i've been constantly visiting and seeing my wife and kids and giving money sometime by cash, sometimes by NEFT transfer. In Btw Jan 2012 - May 2012 , i gave around 9L cash via NEFT to invest in our son's name. after taking all my hard earned money... now again she wants more money.. .

Questions

I've done all efforts so that she can come and join. however she doesn't want to join. consider this can i tell the following

1. In the mediation centre, can i say that since the spouse had not come for the past 3yrs its advisable that they can grant her divorce to make her happy without prejudice to the payments given earlier? The question of alimony, maintenance can be dealt in the court??

Please advise..

Remember one point.....U CAN NOT FORCE AN UNWILLING WIFE TO LIVE WITH U BY ANY MEANS. Resolve the matter in mediation. Agree for MCD+plausible money for ur child. If she stil acting greedy, then fight the case on merits

Try not fueling her greeds in the mediation. Arrive at a settlement which you think is wisely suited..If the mediation is not successful then fight it in court...

 

 

Regards

Is there a way that i can settle the divorce alone through mediation and for alimony / child maintainence can we fight in the court?

Yes, very much a possibility, but she won't agree in all probability.

 

You may try 23A of HMA while filing counter to her divorce petition.

 

 

 

Regards,

 

Shonee Kapoor

Actually in her petitio she had filed under 13(1)(1a) , 13(1)(1b) and in the same mentioned that she need 30k maintenance. Since she had not applied for maintenance under section 24. would she be granted maintenance withoutht file another case under section 24?