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Radhakrishnan (BPO)     05 February 2011

Mutual Divorce

Please suggest me how to proceed up for the following:

 

My wife seeks me a mutual divorce but i am not interested to do so becuase of my two female children. And she is keep on insisting me to do so. If i agree for it , whether i have to give intermittent, jeeevanmsam etc?? and also whether she will file a dowry case and harrasment case aganist me ?

If i am not agree for it what will happen?? kindly suggest me.. i have confused...



Learning

 2 Replies

Tajobsindia (Senior Partner )     05 February 2011

@ Author

1.
Ask for joint counseling first. Iron out the so called differences that cropped up resulting in her taking such bold steps.
2. If all persuasions fails then go for MCD and stress on retaining custody of both female children with you. Also ensure she voluntarily gives away all past, present and future rights to maintenance be it on price index, change of circumstances and if she is survived with her mother then ask her to mention in Agreement that she will herself lookafter her mother in future and will not claim any maint. on any medical needs of her mother and or herself.
3. No, in MCD if agreement is such that she is not claiming any maint. (per month) or lumpsum then you need not have to pay anything to her.
4. You may agree for visitation of children by mother in your presence as another condition in MCD agreements.
5. No, if agreement wordings are such that no dowry was given and taken by either parties before marriage / at the time of marriage and subsequent thereto then she can’t rake up the issue in present (means during appeal period) and or in future (means limitation period). Rest apprehension can be discussed with a local Advocate.

BTW, does something as ideal as above may happen, you are the best judge now !

pramod (lawyer)     05 February 2011

if ur wife files a petition for divorce, firstly both of u hav to undergo counselling

in the family court.  Family courts are there to preserve marraige not to give

divorce instantly.  you can also file petition for restitution of conjugal rights

(u have a right to have the company of ur wife with you).  

if she is employed and has income u dont need to give maintenance to her

but u have to give maintenance to ur children.  of course she can file

petition to return the money and gold ornaments and u can very well defend

her claims, regarding possession and custody of the same.


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