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Vikram Jain (Entry)     22 November 2011

Seperate maintenance (125) & divorce case filed by wife

Background: Boy and Girl are both from Punjab. Arranged marriage solemnized in Punjab 5 yrs earlier. Boy was working in Pune from before marriage. Both came and resided in Pune as husband and wife. Since wedding minor quarrels were there, wife would go to Punjab for months at a time and would always return only after lot of talking. Finally about 1 year ago wife ransacked house and left Pune. No complaints from either side were filed. Rather than going to Punjab wife went to Delhi to her relatives and filed for 125 (Maintenance) after about a year of separation, Putting all the allegations of 498, 406  etc. However the case was filed under 125. Husband is still in two minds about what to do.



Here is an update in the tale now.



Just today I've found out that Girl also filed for divorce seperately in Delhi. Husband has not got any summons / notice yet hence not sure on what grounds divorce is seeked. I am assuming Cruelity & Desertion. So now there are two cases one for maintenance & other for divorce.



Guy is agreeable for divorce mentally but is yet to respond to any of the above two cases, Hence the stance isn't final.



My thought is to tell him to Contest both the cases (Deny all the allegations and oppose her claims for 125 & Divorce) and try to get it settled during mediation once and for all (push to pay one time alimony and move on). He loves his wife but is also fed up with her extortion tactics.



What do you learned folks suggest as the best strategy to proceed further? What stance should boy take and maintain?



Additional: Guy is willing to go for divorce but would like to deny all the allegations...



Learning

 1 Replies

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     22 November 2011

Repeated query.

 

 

Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com

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