Mutual understanding divorce

Mr. Daniel!

I understand your concern. if she asks for mutual divorce then she cannot put conditions such as that she would be living with you till she gets financially settled or have second marriage?

What aboth the child? who will take care of the child? she can claim a lumpsum towards maintainence for the child. You can give her lumpsum payments for the maintenance.

But if she alsone files a divorce petition then she needs to prove the ground for divorce in order to seek alimony and maintenance from you, which i guess won't be possible for her to prove by going through your version of story. Further, you need to prove that she is having an affair with other person by producing evidence on record which is addmissble as per the Indian evidence Act. Then only you can avoid payment of alimony and maintenance to her for her such behaviour.

Hope i would have been able to clear some of your doubts.

Regards

Adv. Rohit M. Dalmia

9324538481

Mumbai

mr daniel if the conditions are mutually accepted only it can be drafted into an mou and can be produced along with the petition for mcd.she cant force you to agree to her conditions in mcd which could harm you.

if the conditions she specified is not agreeable then file a contested divorce on her on grounds of cruelty and adultery (if strong proofs are available)

@Daniel - Holy God. Where are you? 

Not holding hand, and not talking romanticly. Is this all a reason for divorce?

Ask her for the next 3 - 6 months let us change ourselves for the sake of kid.

Why don't you hold her hands and kiss her in public. Or talk romanticly.

She is your Legal wife. No harm in holding her hand or go for a second honey moon.....

What will the Kid learn from Parents. My Mother got divorce Father didn't hold the hand in public....Today's kids are Super Kids and they learn fast.

The reason why I say is why should the Kid suffer because of Parents stupidity.

Please think...ask your wife to think too....

Dear Sir,

What more a husband can do? Before leaving the house I used to hug and kiss her no matter is she is angry I used to kiss on her forehead and leave for office. From the time I have married she used to doubt,doubt and doubt thought I have no relationships outside marriage. Forget about outside world in her / mine relations there is no female left with whom she thinks I have an eye on. She used to say that I know very well wat a man thinks and till which level ven u see a female. I was fed up with her gross thinking but I carried out think one day or the other she will change. I could not wear good clothes to office nor spray deodrant for that also she had a prob.There are many instances like that but still I tried to make her understand but I couldnt.

Both are temporamentally different and hence the marriage hit the rocks.  It is not a ground for divorce and hence by contesting she will not get divorce.  All of her other allegations also will not fetch her divorce decree.  Then left out option is only mutual consent divorce and for that she has put enough of speed breakers.  With such conditions she is proposing, the judge on the chair will fall down and wonder what is this all about.  The problem is she is romantic by reading a lot of dime novels and has loadful of immaturity that life is not novel.  Her other dreamy thoughts about that other guy, she will be waiting for the worse happening.  Any how, such conditions in mutual divorce cannot be possible.  If you also do not want to share your life with her any more, ask her to file contested divorce and you accept for divorce in the court.  But once divorce is granted, she cannot remain with you legally under the same roof and if you allow for that, you would be venturing to swim in rough seas.  Last but not least is the question about future of the child.  You both should think about him also before thinking about yourselves.

Dear Mr. Saravvanan,

Thank you Sir for your inputs. She is not willing to sign the documents unless and untill the clauses are entered. I do have her call records and voice recordings which I have kept as a backup in my email ids where in she is talking about the other guy and divorce and also you can say a little diary type which I used to type and kept it in the mail box about her harassments like how she is to doubt on me for simple reasons about her sister in laws etc. are these proofs enough to prove the infidelity and mental harassments in marriage. I have told her that I will only be taking care of my kids expenses but till the time she is married or else till the time she is financially settled then both of us will share it rest other clauses are not acceptable to me. Can she ask for maintainence in mutual understanding / if she files her petition first. Then how much will be the alumni and kids expenses I need to shell out if I net take is 45k out of which my Housing loan emi is 27 K.

Regards

Daniel

@Daniel,

Looks like too much of incompatability and there is no other option except to divorce. Looks like this kind of Women are fit for nothing. Sorry for my words.

Prabhakar sir also gave good advice.

She can ask for maintenance I guess if she is not working or she doesn't has any education or unemployed. You can avoid it by paying lump sum after second motion of in MCD.

But you have to pay for your kid upbringing. I guess she may get Rs 5000/-  

If you are unable to pay, court may not be able to do anything.

I am not a Lawyer. Check with a Lawyer and you should be able to know.

Contested case goes atleast few years.

I would say MCD is the best. if you want to get married sooner or later. If not just go for contested.

Please never accept that she will stay in your home after divorce and take care of expenses.

Wish you Good Luck..

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