ADV-JEEVAN PATIL, MUMBAI ( DEEMED/CONVEYANCE OF BUILDING) 31 March 2015
ADV-JEEVAN PATIL, MUMBAI ( DEEMED/CONVEYANCE OF BUILDING) 31 March 2015
srk (Service) 31 March 2015
Varun,
I might not really add a value but have few suggestions.
i appreciate Mr.OM, you have it almost covered, being a law student you are so passionate about your profession, i am sure you will be one of the best lawyer, but its not so easy as you have described above, i also agree that you were to talk to Varun and get the complete details you might fine tune.
Varun, in order to start the case in US it might cost you 2000-3000 USD, depends on the lawyers experience, if she contests then add another 3000-4000 atleast , plus you might have to bare her expenses and legal cost as she is earning less then you, your wife's side would never accept to contest the case in US, if they have a knowledgeable lawyer guiding them. Divorce in US is not accepted in India unless she contests. as she did not file a 498a or DV yet, try to gather as many evidence or recording etc to keep your and your family safe.
As per maintenance the Onus is on her to prove that you have a better salary then her, No employer in US will provide the salary slip to her without your consent, if they do, then you have a better chance of sueing you employer and win the case. as you are not working in India they cant take your Old pay stub and approach the court as you are not working there anymore. you are pretty much safe now, try to mediate.
in my case my Exwife demanded almost 3.3 Cr around initially, around 3 years ago, a year ago it came down to 1 Cr, now it is 25 lacks, after a year it will be 5-10 lacks. my lawyers mentioned this the very first day of the case that after a few years she will be ready to settle for 5-10 lacks.
i guess this is industry standard in India, demand as much as you can initially, as our justice system, social, media and law enforcement always favor women, later on they come back to senses and practically think and get back to reality.
Eventually the same thing will happen in your case, give it some time, collect evidence and watch.
All the best Brother.
SRK
Varun (Other) 31 March 2015
Thanks everyone for the advice.
We just negotiated again with them and they agreed for divorce for 10 lakhs. We are going for MCD.
Knowing the law helps in negotiations :).
om (student) 31 March 2015
Varun baba... dude what ???? i cant believe it. devil is happy for MCD. hahahaha..
cool bro. enjoy. after 2nd motion of mcd, only payable by cheque. and as permanent settlement under personal law towards forfeiture of her right of 125 crpc interim as well as final, do mention that.
roshuv (Manager) 31 March 2015
Dear Varun,
Sorry to hear this......Finally she is drawing out ur hard earned money.....even after working woman .... why???? only because she slept wid u..........she will sleep again with somebody else and draw out money....good business !!!!!!
So what I understand is " There is NO way to avoid alimony or maintenance to Woman in Any case" in this country........
SAINATH DEVALLA (LEGAL CONSULTANT) 01 April 2015
I feel U already had a mutual agreement with her,but U just wanted some thing easier from the forum
FREDYCHARLES RK - Bangalore (Advocate) 01 April 2015
Anyways (MCD B4 or Aftr), this thread gave some insights to the quantum of alimony for Non India workings
DigiLawyer 09 August 2024
Hello!
However, if an agreement cannot be reached, the court will step in to decide the matter.
Regarding the determination of maintenance, the court will consider various factors, including the income and financial capacity of both spouses, the lifestyle enjoyed during the marriage, the financial needs of the wife, and any other relevant circumstances.
In your specific case, if you and your wife agree to a mutual divorce, the court may consider your current salary in determining the maintenance amount.
To ensure a fair determination of maintenance, it is advisable to consult with a lawyer who specializes in family law.
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