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Mutal Settlement (self)     18 October 2013

Working wife in india

My spouse is in india and working with IT company and making 7 lakhs per anum. I have move to US and she is refusing to join me in US and his father is asking 25 lakhs + car + jewellary as an alimony. Please advise should i fight the case as she is masters and working or should i give alimony for mutual settlement ?



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 10 Replies

adv. rajeev ( rajoo ) (practicing advocate)     18 October 2013

Your wife has got independent income.  Hence she is not entittle for any maintenance.

1 Like

T. Kalaiselvan, Advocate (Advocate)     18 October 2013

If you do not want to live with her anymore take your call.  She has got all rights to choose her residence owing to her employment.  It is not at all necessary that she has to resign her employment and to follow you and depend on you for each and every need of hers after quitting her handsome employment and fat salary.  I think you need to consult a marriage counsellor for reconciling the issues between you both.  Do not allow her father to dominate the issues,the practice of father's interference in the privacy between you both, which if not curbed now, may take a dirty shape very shortly aggravating the problem leading to no solution at any point of time. I think you may have to give a wider look to the problem by application of your mind on the persisting issues, with bit compromises for the sake of saving of your lovable married life, hence give a second thought before taking a drastic step in this regard.  Further, legally your wife may not be entitled to claim for maintenance for her livelihood as she is into a handsome employment with good salary and in case she is putting up a claim she may lose her claim as well as the little hopes of continuing the marital voyage with you.  You accept for MCD without any condition  being imposed including the one time settlement of alimony amount etc.  Consult a good lawyer and proceed accordingly.

2 Like

Mutal Settlement (self)     18 October 2013

But if they frame any wrong case against me ? I understand that as per law she is not entitled to money but if they frame any case against me don't you think that I will lose big money just fighting the case ?

Adv.Vandana Vaidya (Advocate & Regd. Patent Attorney)     18 October 2013

Settling issues mutually by mutual consent is always advisable rather than fighting in the court. As rightly understood by you, if you do not subject to her demands, she might file all sort of criminal cases against you like 498 A, DV Act etc. to get what she wants.  Which will delay your divorce, increase your expenses and probably put you in a negative bracket harming your USA residency.

Why not try and negotiate. Take help of near and dear ones or some good mediator or a marriage counselor. As advised above, do not aggravate the issue or allow others to control it.

2 Like

(Guest)

@ Querist,

 

1. When you already know what to do and what not to do then avoid wasting time here.

 

2. No body gets Ladoo in both hands without compromising something.

 

3. If you have 25 lacks+ jewellery+ car and you are happy to pay her without any pain or regret then don't waste time just pay her.

 

4. if those 25 lacks + jewellery + car are earned by hard work and honesty then I don't think that any person who is fearless will bow down and give to such lady who is getting hefty income annually to maintain herself.

 

 

1 Like

Mutal Settlement (self)     19 October 2013

Thanks for the valuable advice....my parents are old and I don't want them to run in court at this age. I will pay the money and get the MCD.  I will try to negotiate at 20 lakhs and end the marriage. 

sandykrish (Interested in Family LAW)     19 October 2013

Boss paisa pheko tamasha dekho. When you have all the possible ammunition why waste the time of member...every fool in this world knows satisfying ones demand will lead to peaceful ending. let us know if you are intending to fight we all could support you. it is quiet insulting for members to review such kind of stupid questions. find a good lawyer. and end the matter

Sarvesh Kumar Sharma Advocate (Advocacy)     20 October 2013

your welcome! mutual settlement !

Adv. Chandrasekhar (Advocate)     20 October 2013

I really appreciate the fine approach adopted by  Sh. Kalaiselvan, Advocate in family disputes.

stanley (Freedom)     21 October 2013

 

Originally posted by : Adv.Vandana Vaidya

Settling issues mutually by mutual consent is always advisable rather than fighting in the court. As rightly understood by you, if you do not subject to her demands, she might file all sort of criminal cases against you like 498 A, DV Act etc. to get what she wants.  Which will delay your divorce, increase your expenses and probably put you in a negative bracket harming your USA residency.

Why not try and negotiate. Take help of near and dear ones or some good mediator or a marriage counselor. As advised above, do not aggravate the issue or allow others to control it.

I totally disagree with the advise of Vandana. Mutual settlement without any demands for money is fine but only cowards fear fighting false cases and give way to settlement Money. Ransom money starts with a small demand than as time goes by the demand increases and the end result is you are made into a ATM Machine .A man who stands his ground attains self respect but cowards dont get any self respect .

 Even if she files all sort of False criminal cases how is she going to prove them in the court of law. 


 


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