• About divorce and compensation

Hi,I am in Kerala and my husband in London. We got married on 2012 and now separated for 2 years. We have a daughter she's 3 1/2 yes old.when we got married he was Indian citizen and now he's birtish citizen and lives in like London.I am seeking divorce because he have a relationship with another lady.they have a child together just 4 months younger to mine.he agreed for mutual consent but said can't come to India due to financial crisis. My dad had given 75 lakhs to them before marriage. I heard can get papers signed through embassy but what to do if they don't give back the cash before divorce. They already gave 5 lakhs back
Asked 7 years ago in Family Law
Religion: Christian

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6 Answers

1) in consent terms it should be mentioned that husband will pay RS 75 lakhs given by your father at time of filing of petition for divorce by mutual consent

2) in alternative 50 per cent now at time of filing and 50 per cent at time of second motion before grant of divorce decree

Ajay Sethi
Advocate, Mumbai
96807 Answers
7811 Consultations

File complaint against your husband , in laws for dowry harassment under section 406, 498A IPC and seek return of your streedhan

2) I presume RS 75 lakhs was paid by cheque and you are able to prove transfer of funds to your husband account

3) if your husband does not cooperate in police investigations Look out circular would be issued against him

4) husband will pay only if he is forced to pay

Ajay Sethi
Advocate, Mumbai
96807 Answers
7811 Consultations

Dear Querist

If he has any property in India then immediately file a maintenance cade for your daughter and if you are unable to maintain yourself then for yourself too under section 125 of Criminal procedure Code and also file a civil suit for injunction against him before family court and get and injunction order against his property.

If he has no property or money in India then it will be very difficult to recover the money.

Feel free to call

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

Hi

1) Yes,in the event of both of you and your husband going for mutual consent divorce, your husband can sign the mutual consent agreement at Indian embassy and also attend the court proceedings through SKYPE.

2) You should mention in the mutual consent agreement that your husband shall return the money of 75 lakhs at the time of mutual consent petition coming up for admission in the family court.

3) You should ensure that the 75lakhs given by your father is returned back prior to the mutual consent divorce petition coming up for final hearing.

4) Technically you have good grounds to pursue adultery case against your husband in india and also initiate divorce proceedings in UK. Divorce proceedings in UK will cost a fortune for your husband as you are entitled to the 75 Lakhs given by your father plus 50% share of his properties plus 50% of his monthly income all through your life time. So you should be able to leverage on the adultery card and get both your money and divorce in the short span of time.

5) You should also be aware that your husband is still subject of indian laws under 498a(dowry), 497 (Adultery) under IPC as these are offences committed by him whilst he was holding indian passport and as such he is liable to be penalised under indian laws as well. Your husband cannot take umbrage of he being a british citizen and escape indian laws as in today's scenario, we are witnessing many indian's being brought back to india to face charges due to proactive role played by our indian embassies with foreign governments.

Hope this information is useful.

Rajgopalan Sripathi
Advocate, Hyderabad
2173 Answers
394 Consultations

In the mutual consent divorce, you have to get an agreement signed by him that he will return the amount he owes before the case is disposed.

If you can file the divorce petition in London, you may get this agreed in the post nuptial agreement and may even have his property attached and sold if he is defaulting the return of the amount he owes your father.

If your father has documentary evidence for having given him this amount and if it is within the time limit, then he may file a recovery suit in India and also can seek to attach his property in India as attachment before judgment for the purpose of security to the loan amount

T Kalaiselvan
Advocate, Vellore
87007 Answers
2335 Consultations

Hi Sir, in case if they don't pay what shall I do to get it back easily. I need that money as soon as possible to start my business and then only I can able to spend money for my daughters education and other expenses. We have been asking them money back since march and they gave us only 5 lakhs last month.

You have to initiate legal action for recovery of the money he has taken from your father.

Your father can fie a money recovery suit in India and also can seek to attach his property as security before judgment.

This will certainly make him to rush to India to save his property.

Or he may come to an understanding with the terms for return of the same.

T Kalaiselvan
Advocate, Vellore
87007 Answers
2335 Consultations

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