chatterjeeA (Engineer) 10 July 2013
Adv Archana Deshmukh (Practicing Advocate) 10 July 2013
1. If I file for divorce and she does not agree for giving me a divorce, what are my options given the circumstances of my pending cases and the long separation?
File for contested divorce on the grounds available to you.
2. If I file for divorce and she does not turn up for court appearances, is it possible to get an ex-parte decree?
Yes.
3. Given my long separation time from her, how long will it take for me to get a div (Mutual/contested)?
MCD- 6 months, contested- Nobody can predict as it depends upon circumstances.
4. I am allready paying her interim maintenance based on her petition and she has not even used a single penny of it (bank statements come to my house), can this be used as a case for lowering the amount of alimony also since her father is well off.
Depends upon facts as to how to use it. However, father being well off is no ground to reduce alimony.
5. I have a son who I have not seen since he was 6 months old (born in Oct'08), what are the responsibilities that I will have to undertake for him?
You will have to give him maintanance till he is 18 yrs old. You can seek visitation rights to meet him if you want.
| Originally posted by : Painedbywife | ||
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Hi Experts,
The case will go on and on for the next 5-6 years. Try asking MCD, pay her money, get rid of headache, she will sign MCD< take back all false cases, you will be free man again.
Yes.
Mutual - 6 months . Contested 5- 6 years.
No. She can spend it or save it. its her wish. You cannot ask court to reduce alimony on basis of it. Paying maintenance to wife is duty of husband. If she is so well of why did not you ask for appointment of court comissioner to get evidences, detailf of he income, her assests, FDs, immovable assests etc?? If you want to get maintenance reduced, then you have to appeal in appelate court u/s 127 with sufficient proof, showing that your income has reduced now and to readjudicate such maintenance ordered.
For son too you need to pay maintenance, if your wife is working, equal share from her side.
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James (n/a) 25 July 2013
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Hello experts, I am from Mumbai i am married for 12 years 2 years back my wife sold my house in which i had made it in her name and also all my stuff in that house without my permission i used to give her all my income and all the cheque book and passbook was with her. Her reason is that i fight with her i do not communicate with her and also that i do not support her i listen to my mom,also she had a problem with me charting on face book with some foreign girl in which she had to take this step.First she told me that i have to stay with my mom for 15 days then she went to her native house in Mysore and then always she was treating me with all sort of things anyway sir i gave her time and space for all this but still no change in her.She also have moved from Mysore and also she changes her phone no 3 to 4 times nor she is allowing me to see the kids i have 2 kids age 11 and 8 never seen them for the past 1 1/2 years.She had taken all my belonging then i told her i need my clothes and also my certificate then after 1 1/2 years she has given me only my clothes and certificate and nothing else rest i don't know what she has done. Now Sir i have stopped sending her the any income because i myself have no house i am staying in my mom house i also need to purchase a house of my own which i need to start saving all again my income. Now she say she wants a divorce if i don't send any income to her also she id treating me with other unwanted activities i told her if she want a divorce then i am ready but she has to come to the court in Mumbai. will the court allow me to give her any maintenance Sir if she goes for a divorce because i really have nothing now with me. Please help me sir.Thank-you for all your help and support. |
Adv. Chandrasekhar (Advocate) 25 July 2013
File divorce case and if you are interested child custody case. In divorce and/or maintenance case-if she files, you have to take defence that she sold the property, which even though in her name but purchased by your own money. For that you have to show proof and if you succeed in that endeavour, she may not get maintenance or less maintenance. But you must pay maintenance to your growing up children. It will help them to live without financial difficulties and also give you a good scope in custody case to prove you are a caring father.
James (n/a) 25 July 2013
Thanks for your reply, i do want to tell you that after she has sold everthing i had nothing with me not even my clothes etc then by force i got only my clothes and my certificates still i did not stop any income she had all my passbook and also my ATM cards i was sending her all my income just 8 months back i have stoppeed the income because now i realised that I have to start it all again, i need to save my money to buy a house etc that is why i have stopped all income and i know that she has a lot of money to take care of the kids they are only in 6th and the other one is 2nd standard but if you still say that i have to send the money then i will do please reply to me.Thank-you for your help.
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