(Guest)

Impact of non-settlement of quantum on mutual divorce

4-aug-2011

sir/madam,

impact of non-settlement of quantum on mutual divorce

i urgently need advise to my personal divorse case (which is staged for 'BAHAS/DEBATE' between the two party lawyers).

the standstill is - myself aged 32 have filed divorse case on my wife (marrige done 8 years back and we having a 6 years old son) in january 2011. in her counter claim, my spouse has also agreed for the divorce. the family court judge has acknowledged the mediation is unfruitful in this case and this is followed by my and my spouse's cross-examilanation by the two lawyers.

my status is - i used to work in bangladesh untill may 2011 and now due to the court dates and appearences have lost my job (an intimation with my 'resignation letter' to this effect is already presented to the court in my cross examination)

now as the divorce is mutually agreed, it will be anounced during next couple of weeks, the only dis-agreement here is the quantum (compensation amount - monthly or onetime alimony) between me and my spouse.

my question is:

a. considering there is no recheable greement on the quantum between the two parties, will the anouncement of the decree of divorce in the court of law will be effected and if so how. my wife has in her counter claim to my divorce filing -has already asked for a compenation of Rs 40 Lac (a baseless and her own decided figure) - so can she also file a case u/s 125 of HMA on me asking for the compensation.

i would be very grareful to kindly advise a.s.a.p. as the next court hearing (which is for the debate/bahas betweeb the two lawyers) in my case is on 8-aug

kind regards,

(name concealed pls)

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3 Replies

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com) 05 August 2011

If the court will allowed divorce then it is open to your wife to file any case of maintenance. But if you both agreed for any settlement amount / one time settlement then better to made compromise deed and present before court but in your case i think your wife is greedy hence it will not be possible, so first got your divorce and then see wheat will happen. most probably she will file claim u/s 125 crpc. So prepare for that.

Good luck.

adv.kamal.grover@gmail.com

(Guest)

dear mr grover,

many thanks for reverting and your kind advise.

yes you are right, she is truely a greedy person and the while intention of filing the case is to get the money.

on the case filed u/s 125 - do i need to be personally present, as i am now looking for another job that will again be based in some SARRC country and to be honest with you, i dont want to lose my probably job for the second time due to these fake court cases levied by my wife on me.

also, if we immagine the decision from the honourable court is say in my favour (say for some 3/4 lakh instead of whats my souse demanded 40 lakh; and this is challenged / appealed by my spose in higher court - will the decision of 3/4 Lakh from teh lower court be helping me or will it the base when the judgement is given by the high court.kidnly advise sir

best regards.

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com) 05 August 2011

If right now you are not earning then it is good for your 125 case. Coz if you will prove in court that you are jobless and searching any job or doing petty job then 125 will be decided according to your job status.

Further court itself never impose or make any decision for one time settlement of any amount. So they can send you before Arbitration for consideration fo amount. Over there whatever settlement will be done between both of your will be final, if u did not reach any point then court can fix only monthly maintenance, but if you will prove that girl is also working then court can even decline maintenance also.

Regards

adv.kamal.grover@gmail.com