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AMIT ANAND (MANAGER)     23 July 2017

Help required in terms of advice

Dear Sir/Madam,

My wife had left me 10 months ago(married for 8 yrs on February 2009) along with my children(Daughter 7 yrs and Son 5yrs). We have approached them lot of times to bring her back, but she never turned up. Now from last week she is asking for mutual divorce and demanding Rs.25 lacs which is not possible for me to pay her. My wife earnings are Rs.48,000/month and mine is 1 lac/month.I also own 1 house for which I am paying Rs.35,000 installment towards bank loan. I have planned to file case under section 9 to bring her back, if she wont agree then will file a divorce. I require following advice from your side.

1. Do I had to pay her maintenance allowance during the case and after divorce?

2. Do I had to pay her maintenance allowance towards my children?

3. Can I get the custody of my children?

4.. Does she has any right on my house?

5. Can she claim expenses spent by them on our marriage, like jewellery, etc.

6.  What cases she can file on me to harass me like dowry case, domestic violence, etc.?

7. Any other advise/suggestions you would like to give me?

Looking forward for your kind reply.....



Learning

 5 Replies

Rishi kumar   23 July 2017

Your decisions should be yours. it should not be left to your wife. Because of wavering minds cases drag for decades. You will fie RCR then wife will fight , then you will file for divorce. Decide whether you want her back. If yes, talk softly after bundling your ego. If NO, file for divorce straightaway. Why did she leave you after 8 years?

You will have to pay maintenance to your children. Depending upon how you project and prove her income, you may or may not have to pay her.

try to get custody of your son at least if possible before filing divorce. She does not have right on your house. If she is living nearby( your children are continuing in the same school), she may ask right to reside  and may even get it. 

Things are going to be murky anyway. Take your stand. If you can someway manage, live with her for sake of kids. 

She can file all cases. do not write too many lies and change your stand every now and then. Do not Contradict your own statements in various objections and petitions. If you do not lie too much you may need to prove less and your job becomes more easy. So if you have decided that you are not bringing her back be firm and tell women's cell or even the police that you are NOTgoing to live with her again even when they file 498a.

Dr J C Vashista (Advocate)     24 July 2017

I fully agree with expert Mr. Rishi Kumar and appreciate his analytical acumenship, nothing more to add except to advise to to try for reconciliation if you are true to your conscience and your intentions are to reunite in married life.

Otherwise, file a case for divorce from your wife without waiting for a pack of 4-5 cases against you. Besides this, you may file a case for custody of children. 

Adv Radhika Mehta (Advocate)     24 July 2017

1. Yes. If she applies and is able to satisy the Court that her income is not sufficient for her support then the Court may award her maintenance. 

2. Yes you will have to pay maintenance towards your children. 

3. Custody may be difficult.  Courts normally prefer the mother for custody.  And in which way, you do not seem so concerned or desperate for your children as you are at the thought of paying maintenance. 

4. Not on the title but a right to residence.  But in your case, she is out of the house presently so even that is sorted.  but the factum of your house can definately be considered by the Court whilst deciding the quantum of maintenance. 

5. She can claim but there is no provision under law to substantiate such demand. 

6. that depends on the facts and circumstances of your case. without being aware of the same, cannot comment.  But be assured lot of legal provisions at the disposal of women. 

7. Only thing, as suggested by Mr. Rishi, be clear in what you desire.  Litigation is not a matter of play.  If you genuinely desire your wife back then file RCR otherwise try to settle the matter amicably for the sake of your children.  By unecessarily prolonging litigation, you will only make life a living hell for your children who will be torn between both their parents'.  If you feel 25 lakhs is not possible for u, make a counter offer to your wife and try to resolve the issue tactfully. 

A walk alone (-)     24 July 2017

Golden opportunity is knocking your door but, you are ignoring it. If she want 25 lacs give her and go MCD. Otherwise you will lose more money in court. Court will Grant her more money as two children responsibility is with her.

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