(Guest)

Want to move on in life

Hello everybody

My wife deserted me a year back & currently staying at her parents place. we have 1 year old son too... our marriage ii almost 4 yrs old & there were no such problem within us or with my parents. Last year she went to her parents place with newborn & didnot return yet. i could not meet my son since then. she filed divorce under mental cruelty with some false alleagation. also IA under section 24 for her & our son. Since she is a architect & earning lady judge rejected her IA for maintenance & granted resonable amount to my child & that i m paying too. I have resisted her divorce petition with WS & filed for restitution. I m bit confident that i will win my restitution case but that may take many years. so now i ve decided to move n in my life. I m ready to take all financial responsibility of my son in future also & will be ok with reasonable visitation rights. My wife has asked for separate accommodation also in her divorce petition & litigation cost also. My salary is almost 3 times of her. i have one flat (Our matrimonial home) which is on my name taken on home loan & i m paying emi of half of my salary. Now i want to move on in my life but if i go for mutual divorce & settle the matter she will definately ask for huge amount which i cant pay.

1. So what are the option left for me? how can i gt rid of her without giving money/property share

2.her HMA 24 is rejected. so can she get permanent alimony after divorce?

3.What are the factors considered while calculating permanent alimony

4. What if i told judge that i have lost hope of reconcilation hence i m ready for divorce but since is qualified & earning i wont give her maintenence or separate accomodation

Thank you

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5 Replies

Tajobsindia (Senior Partner ) 17 September 2013

1. Sit and talk – sit and talk - sit and talk with her on mutual consent terms and conditions and come half way which suits both parties and then proceed on MCD in accordance with Law.

2. On your self acquired property she has no right or claim whatsoever be it under Divorce Laws or otherwise till you are alive.

3. Under current Divorce Laws there is nothing that states ‘separate accommodation to wife’ or ‘rent in lieu of accommodation’. For such claims she should be told to invoke DV Act, 2005. Litigation expenses is one time award and it may be already disposed off when S. 24 HMA was disposed (awarded for the minor child which you say you are paying) so rephrase your this question after reading down from the certified copy of the Interim Order sheet.

4. Yes she can always lay claims for S. 25 HMA and based on variable factors as per mention as material facts in the file in accordance with Law it will be disposed of.

5. S. 25 HMA is well discussed here in the Forum do self study and make notes accordingly.

6. You are at liberty to withdraw RCR if you don’t wish to call her back to her matrimonial home.

(Guest)

Sir, But i dont want to go for out of court settlement.

She is asking for divorce , i m ready for it now but dont want o give maintenance to her.

then what options left for me?

rising up again (FFF) 17 September 2013

U cannot get everything your way !! You wud always pay a price for what you buy ...here u buying your freedom and your future....away from her...hence, the price has to be paid. Now to strike a deal, you wud have to sit with her and talk over this...start from the bare minimum amount u can offer her and come to a point where she agrees... if she starts from 50 lakhs, offer her 5 lakhs.... and try to negotitate as much you can..

else spend years in court and face the trauma and hassles...

1 Like

(Guest)

Thanks experts.

I want to know that If both the spouse are ready for divorce, but matter is not getting solved about maintenance.

So in such case can court decide the matter of maintenance only on merits & dissolve the marriage?

Thanks

rising up again (FFF) 17 September 2013

if u both cannt reolve it in talks, then obviously when u go to court...things turn ugly and then u wont agree to pay a single penny and she wud ask for 10 times the amount asked right now. then u prove ur point and she will do hers.. then you face 498A and spend years in courts... also u will spend lakhs in courts/ police and advocates...

Hence, choose the best suited way... even if u pay some extra amount to get rid of this pain.... do it.. trust, the yearsof your life will be much more valuable than the amount you give her...

let me know the demands she is making and what you are offering ... maybe..i can suggest something... pm me the same if need be.