Need your guidance in a divorce matter.

dont make any commitment unless divorce goesthrough . divorce if contested can go on for years . only if it is by mutual consent can it be decided in a year

Congratulations there, you found your potential match.

But dont jump as yet.  Let the man get the divorce, and be through all of it, maintenance, lumpsupm settlement etc.

And onlyh after everything is finished legally, then can you go ahead with what you have thought.

Now specific reply to this particular question

"  If they had gone for a mutual consent and an alimony is paid to the wife (custody of boy with father) can the wife come back/harass at any later point in future for more money etc.?"

Can wife come back harras at any later point, that cannot be predicted as such.  With laws like this, anything could happen.  Custody of boy, with the intent of getting more money etc any thing can happen.  But am not scaring you, but just putting in a word of caution.

Eitherways be prepared for anything.  All the best.

I dont understand preference for contested divorce over a mutual consent...Wait!! If you think he is worth waiting for....

Regards

Chetan(dot)7679(at)gmail(dot)com

It is better to go for mutual consent divorce proceedings, it will be completed within shorter period of 8 - 10 months[including the cooling period of 6 months]

Inthe mutual consent proceedings both have to file a compromise petition and in that whatever the safty precaustions have to be taken , it has to be taken including allimoney,custody,share in the property etc tec.

Srishaila,advocate,bangalore,9741425514,sdharani120@gmail.com

Thank you for this suggestion. However, it was advised that the lady is a cheat if a mutual consent is filed (and her extra marital affairs are ignored) she may start harrasing at a later point in time for more money etc. however, if at this point, there is a contest, then there may be no basis for her to come back.

She currently does not have a good financial standing and therefore may concede and once a settlement is agrred upon may not come back for any other gains/harrassment.

Please could you let me know if this understanding is right and if we have been guided correctly?

If not, then now that charges are pressed against her, what are the chances of this getting wrapped up in the next year, if she wants an out-of court settlement?

HI Chetan- i do believe he is worth the wait, however i also want to be realistic . What is the best bet?

Go for mutual consent divorce and have a compromise petition involving all safety measures regarding allimony,custody etc etc. Lateran she cant not demand, as she will be bound by the compromise petition and it will be having judicious approval.

This is the best way and it will be faster when compared to contested one

Thank you for the advise.

I also want to know, based on the information above (it was a love marriage 10 years back) and a fairly comfortable marriage, can she file for 498a? or any other case against  this person?

Basically, the risks?

ASAP,

When you file MCD, laweyrs( obviously good one) will put all conditions in the pettition to an extent that later wife will have no means to come back and claim any material or monetary claims once the second session is passed in MCD. Please find tajobs posts which describes when to pay maintenace and what need to be  in MCD. Once MCD is accepted and second session is over, legally, she cannot file 498a or DV as a wife, but however if she is devil, she can use other legal sections to harrass.

you move out or live in... unless the slate is clear...

divorce is not easy if huge financial assets are involved...

all possibilities, combinations possible with intelligent lawyers helping even an idiot...

be ware...

To file a case under section 498a , the marriage need not be loved one or arranged one.

If a wife wants to harrass the husband , then she will file case under 498a or DV act, 125 crpc matainence etc etc.

But once case decides on MCD basis and that too wihich consists of all the safty measures, including filing of 498a/DV/Maintence etc etc whatevert the legal cases, then she canot file any types of cases.