• Possibilities of getting smooth divorce when gal put the case

Hello, I am an IT employee from Hydbad and married unsuccessfully to a girl with for last 3 years in which we staying separated for past 1.6 yrs with no contacts (msg, call, mail or letter) and she is staying with her family.
We had many issues between us which lead to severe arguments, fights etc. She has problem with everything including our married life (physical) and my parents. She basically wants me to get separated from my family and join her parents and get treated well for her so called medical issues what I have. We went to doctor and doc certified me as a better person than average in front of her which she denied and became more demanding. We don't have kids. After going through a very rough phase of life for about 20 months we decided to stay separately.
From my family side we have informed them formally several times that I am no longer going to stay in this relationship ever whatsoever they do. This was informed to them by myself, guardians of my family and by some third person as well. They simply say they don't want to go for divorce, want to punish me as (it seems) I have spoiled her life and if me and my family say sorry to them then she will come back to my life.
We requested many ties her family to come and discuss how well we can plan this separation better and also asked for their demands however they remained unresponsive.

However, very recently they put up a case at Family Judge office and put section U/S of 125 CrPC on me and demanding interim amount of 10000 to run the case and 30000pm for her maintenance.
In the petition they have put many other baseless false allegations too but only 125 CrPC they put.

Towards the end of the application they have also mentioned below points like

1) Marriage between petitioner and the Opposite party has irretrievable broken down. There is no hope of reviving the matrimonial bond, which has been broken down into pieces beyond any repair.

2) The petitioner and the opposite party are young and it would be better for both of them to put an end to this marriage as due to deep rooted indifference of opposite party to the petitioner, they would not be able to live together as the opposite party	can not accept and tolerate the petitioner.

Note: - Gal side is Petitioner here and mentioned me as Opposite party

Please let me know suggestions on below

1) Whether Family court will sends enquiry to my Office to verify my Salary statement?
2) Is there chances of smooth Divorce in this case or things can get complicated?
3) How long such case may go till I get relief (Div)?
4) Can I give all the maintenance money in a single installment in stead of paying per month as a Private company Job holder I don have any job security and can loose job any time?
5) What ever amount she asked 30000 per month - do I need to give the full amount or we can negotiate on it, my salary is around 65000.
Asked 7 years ago in Family Law
Religion: Hindu

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4 Answers

1) wife has only sought maintenance . if wife makes application calling upon you to produce your salary statement court would direct you to do so to determine amount of maintenance payable by you

2) for divorce separate petition has to be ffiled

3) contested divorce cases atke 5 years and mutual consent 6 months

4) on your salry of Rs 65000 aftyer taxes court would award her around Rs 20,000 per month as maintenance

5) you have to comply with court orders if it directs you to pay monthly maintenance

6) in case of divorce you cna offer to pay alimony as lump sum amount instead of monthly maintenance

Ajay Sethi
Advocate, Mumbai
95221 Answers
7612 Consultations

5.0 on 5.0

1. No, family court will send any inquiry to verify your salary statement to your office and its not procedure of court. In fact it is the duty of the petitioner / wife to prove your income and basing that the family court will pass orders of interim maintenance. 2. A petition under 125 Cr.PC deals only maintenance and interim maintenance which includes mandatory expenses like medical and food etc., and legal expenses and its not a divorce case. For getting divorce a separate divorce case under Hindu Marriage Act 1955 will be required which can be file by either of you. Mutual consent divorce too can be obtained if both of your are willing under Section 13B of Hindu Marriage Act'1955. Actually the points mentioned by the petitioner / wife towards the end of the application as stated by you are subject matter of mutual divorce case and it seems they are making grounds for divorce. There are chances to smith divorce if both agreed for mutual consent divorce, if, not she may file for divorce with generally and routine contentions and allegations. 3. Mutual consent divorce will take 6 months time and it it is contested divorce it will take 1 1/2 to 2 years subject to availability of time of Honorable Court and appearances of parties, witness, and advocates. 4.No you can't give all the maintenance at single payment you have to pay according to court order. Single payment will called as permanent alimony which is payable at the time of getting divorce or after divorce.5. No need to pay whatever amount she has claimed, court will grant the maintenance as petitioner you can defend and deny for such maintenance amount. Don't disclose or admit your salary at any point of time let her prove which is not so easy. Take care that your salary certificate, employment details etc.,won't disclosed to her. You can seek help from your office in same.

Lakshmi Kanth
Advocate, Hyderabad
446 Answers
15 Consultations

4.7 on 5.0

1. No. You shall have to appear before the family court wherein you shall have to submit evidence of your salary and other earnings. If the Court doubts about the genuineness of your evidence, then only it can ask your employer to submit the report on your salary.

2. If they are not agreeable for MCD which is the soomthest form of divorce, you shall have to file a divorce petition against her on te ground of cruelty with evidence in support of of your allegation.

3. MCD will be decided within 6 & 1/2 months from the date of its filing and contested divorce takes around 2 to 4 years of time to be disposed of.

4. maintenance is paid on monthly basis. If you loose your income, you shall have to approach the Court praying for reduction of the maintenance amount.

5. You shall pay maintenance only after being directed to pay by the Court. Normally, 1/5th to 1/3rd of net monthly earning after deducting the PF, I.Tax, EMIs, compulsory regular medical expenditures are deducted from the gross salary to arrive at the net monthly earning. In your case it might be anything around Rs.20 k.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

1. No one will sent to your office. However your wife may summon your HR person to produce your salary proof.

2. Unless and until your wife agrees for mutual divorce there is no possibility of smooth divorce.

3. Divorce suit lingers for 4-6 years.

4.No, you can not . You will have to monthly.

5.It is mutually setlled then you can negotiate Else you have to obey the order of court which will decide the monthly maintenance.

Devajyoti Barman
Advocate, Kolkata
22921 Answers
498 Consultations

5.0 on 5.0

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