Dear Experts My brother and his wife has filed for MCD and in 1st Motion he paid her the alimony for 5 Lacs. Now she has refused to give the divorce. It has more than 3 years they are living separate. Can we get the money back. Is not it cheating? She is very cleaver. It has over 10 year the dispute is going on. How can he get rid of her? She is very curel with him however show sati savitri in front of peoples. Please advise.
Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India) 18 July 2017
Sir,
File the contested divorce on the ground of cruelty, there are many Jugdements of the High Court which says if the other spouse don't support the second motion for no sufficient cause, creulty can become a ground for divorce and in your case I beleive the marriage has broken irretriviably as well as more than 2 years continous desertion, it will be a good contested case.
Warm Regards
Kapil Chandna Advocate
9899011450,9911218741
Raveena Kataria (Advocate ) 18 July 2017
Completely agreed with Karan Chandna.
Note, one such judgement in which the facts are similar to your brother's case can be read/downloaded by clicking here.
The court shall note that your brother's wife attempted to take "undue advantage on the basis of compromise pursis," and most likely grant him the divorce decree.
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