• Husband is denying to pay anything in mutual settlement

My Sister and her husband want to get separated. So both of them have decided to do it mutually. During settlement discussion he has denied to pay anything, as he is claiming he has less income (actually he is engineering college professor, teaches in class and have two houses in his own name for one the houses he has house loan, to clear this loan he has sold he has sold one of his properties, though one of his property he earns through rent), now when we told him that's not fair on her side to not to get settled on any alimony or lumsum amount (as she works in bank and have no assets like him). Further he says if we do not want to settle at his proposal, he won't give divorce (my sister will stay at our house, he's not taking any responsibility) what to do now ? how to tackle it with legal terms?
Asked 4 years ago in Family Law
Religion: Hindu

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13 Answers

Hello,

If he is not ready to settle amicably then ask your sister to file a contested divorce on the ground of cruelity and to create some pressure lodge an FIR for harassment.

Once the same is done the husband will have to pay the alimony.

Regt

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Immediately file a maintenance case and seek it U/s 125 CrPC and if he tries to lower it , it will tough for him.

Aveek Bose
Advocate, Kolkata
1222 Answers
9 Consultations

4.7 on 5.0

Since she is also employed and earning a handsome salary, the court may reject her maintenance petition on the same grounds.

If they have children and the children are under her care and custody, she can claim maintenance at least to the children, which he is bound to pay.

If they are going for mutual consent divorce, they can draw a memorandum of understanding in which certain conditions may be included to benefit her.

If he is not willing to give her any money then she can file a contested divorce and claim maintenance from him by filing another application in that case itself.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

Frankly speaking, it cannot be tackled legally. A decree of divorce can be obtained when both parties agree on certain terms mutually. When there is no mutual agreement, your sister has to file for divorce for which she should have some grounds and that should be proved in the court. Try to get it settled through the involvement of relatives, friends, etc. And in case, he is not agreeing to give anything, it is always better to take decision to get separated from him by taking decree of divorce by way of mutual consent and live rest of life on our own terms. A person who has no regard for the woman (his own wife) which is said to be Laxmi, Laxmi should not beg from the disrespectable person. Once your sister is separated from him, money will come to her from another door. So,. go ahead to divorce him on his terms and live life on your own terms.

Dalip Singh
Advocate, New Delhi
1040 Answers
36 Consultations

5.0 on 5.0

1) If she is working women than you she won't be entitled for alimony and lumsum amount.

2) If they have any child and that child is leaving with her than for child can get it alimony.

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0

1) refuse to vacate house wherein your sister is staying as it is her matrimonial home

2) file for divorce on grounds of mental cruelty and seek alimony from husband

3) draw attention of court to fact that he has 2 houses in his own name and other assets

5) also seek interim maintenance and litigation costs from husband

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

1. If your sister is not ready to accept the raw deal which has been offered to her then she may unilaterally file for divorce and also maintenance under 125 Cr.P.C against her husband to seek maintenance for herself.

2. The Supreme Court has time and again said that husband may have to beg or borrow but he has to pay maintenance.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

Don't go ahead with mutual consent divorce.

Ask your sister to file a petition seeking restitution of conjugal rights and also to file a Complaint under the Domestic Violence Act and seek a residence order in the same. Perhaps once you slap these cases on him, he'll come to terms with you and offer to resolve the marriage by mutual consent divorce on terms and conditions proposed by your sister.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

If he is not willing to pay one time, file S.125 against him and she can claim the money as long as she stays unmarried.

Rajaganapathy Ganesan
Advocate, Chennai
2085 Answers
8 Consultations

4.9 on 5.0

Then your sister can file the maintenance petition against her husband along with the petition of divorce on the ground of mental cruelty.

Laksheyender Kumar
Advocate, Delhi
734 Answers
2 Consultations

4.8 on 5.0

File a divorce petition if it not possible to continue the marriage. wife is entitled for her" istridhan " and alomony. She can demand in the petition else claim for the maintenance allowance can also be preferred.

Parkash Chand Bhardwaj
Advocate, Hamirpur
120 Answers

4.8 on 5.0

Section 13B of the HMA Act 1955 provides for divorce by mutual consent.

The Conditions required under section 13B of the Hindu Marriage Act are as follows:

(i) Husband and wife have been living separately for a period of one year or more,

(ii) That they are unable to live together,

(iii) And that both husband and wife have mutually agreed that the marriage has totally collapsed, Hence marriage should be dissolved.

Hence, it is clear that the mutual understanding is prime factor for getting divorce on mutual ground.

If your sisters husband is not agree upon the conditions fixed by her , then she should not approach for mutual divorce because she has another ways to get the same from the court.

Under law a wife is entitled to claim maintenance from her husband, she is also entitled to claim residence, injunction against the husband not to alienate his self acquired properties and she can also prohibit relatives from invading privacy in any manner etc, and further divorce is not so easy for husband.

AND FURTHER An estranged wife can claim maintenance from her husband, in spite of her efforts to earn a monthly income if that income is not sufficient for her as per her standard of living.

Even if, your sister wants a divorce , she can file a divorce petition and there she can claim maintenance from her husband in the same case or by filing separately under section 125 crpc.

However better try to settle the matter in dispute amicably with the support of well wisher and if not solved you can take help from women cell of your area , where the official will try to resolve the matter with a warning to the husband.

Last remedy , i have already submitted above i.e from the court of law.

Mohammed Shahzad
Advocate, Delhi
9903 Answers
121 Consultations

5.0 on 5.0

She can file a complaint under Provisions of protection of woman from domestic voilence Act. she will get residence right and maintenance in the same. She can also claim maintenance 125 crpc. She can also get maintenance in contested divorce. Think and take decision

Prashant Nayak
Advocate, Mumbai
27273 Answers
88 Consultations

4.4 on 5.0

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