• Divorce settlement

During two years of marriage my wife's behavior was not good with my family. but she has find my extra marital affair six months back since than she is at her father's home. Now she is asking for mutual divorce and settlement money, if i do not agree what can be consequences? i am a class A central government officer from middle class family.
Asked 5 years ago in Family Law
Religion: Hindu

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17 Answers

She can file a case under section 13 Hindu Marriage act on ground of adultery and can claim maintenance, alimony from you. She can also file cases under Domestic Violence and other such provision.

I would advise you if she has proof of your extra marital affair and she is in agreement of filing for a mutual divorce you should agree to it bargain on settlement amount. Because contested court cases takes time she has valid ground and you have to suffer a lot in unnecessary litigation. So best way is to get mutual divorce and start your life again.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Divorce by mutual consent is best option

2) contested divorce proceedings take 5 years to be disposed of

3) if you refuse wife will file false dowry harassment case against you

4) you can apply for and obtain Anticipatory bail from sessions court

Ajay Sethi
Advocate, Mumbai
91274 Answers
6807 Consultations

5.0 on 5.0

better option is that to go for the mutual settlement or just try to persuade her for your mistakes and come back to the normal life. you are sitting at the end where from a lot of problems may start. Please rethink that she has not taken any step till date.

If she is not happy with your parents in any case there will not be anyone to take care so go for the separate living with wife and take care of your parents as well and life will do rest of other things.

She may file a case of DV along with 498A and adultery which is punishable and will effect you working in the govt.

I will suggest introspection at you end as only you are going to start loosing if any litigation start.

Vimlesh Prasad Mishra
Advocate, Lucknow
6849 Answers
23 Consultations

4.9 on 5.0

1) She may book case against you under adultery and you will have to pay price for it.

2) She has given a best option please look this as opportunities and accept for Mutual Consent Divorce. Settlement money is secondary issue, if she is working women than she will be not entitled for alimony . You can give her a reasonable amount as settlement.

Ganesh Kadam
Advocate, Pune
12734 Answers
225 Consultations

4.9 on 5.0

1.) Then, she may file the case for monthly maintenance, in which you need to pay her monthly maintenance untill she remarries.

2.) She may file divorce petition on contested grounds along with the application for payment of alimony amount.

It will be more expensive for you if you not chose for mutual divorce.

Laksheyender Kumar
Advocate, Delhi
734 Answers
2 Consultations

4.8 on 5.0

Hello,

She can file cases against you both in civil and criminal nature and in consequence of the same your employee can also take action against you.

It is therefore advised that you settle by making a mutual consent divorce.

Regards

Anilesh Tewari
Advocate, New Delhi
18043 Answers
377 Consultations

5.0 on 5.0

You should go for mutual consent divorce after negotiating settlement if she has proof of your illicit relation. Contested divorce is a long drawn battle and expensive.

Your wife may also implicate you and your family in DV & 498A IPC.

Sushil Jha
Advocate, Patna
283 Answers
5 Consultations

5.0 on 5.0

It all depends on what exactly you want. You need to decide whether you want a divorce or not.

If not file a petition for restitution.

If you want a divorce you can either contest which means 5 to 6 years and she may file criminal complaints against you jeopardising your job.

Else you can talk with her through your lawyer draft the consent terms and go for mcd.

R. S. Akolkar
Advocate, Mumbai
53 Answers
1 Consultation

4.8 on 5.0

1. What evidence of your said extra marital affair she could lay her hand on?

2. If she has got any irrefutable evidence of your running the said extra marital affairs, she can file a divorce suit on the ground of cruelty but ordinarily it becomes very difficult to prove extra marital affairs unless evidence of spending nights together in hotel rooms by both the persons are produced before the Court.

3. You shall have to contest the case fittingly which shall take 3 to 6 years to be disposed of .

Krishna Kishore Ganguly
Advocate, Kolkata
26977 Answers
726 Consultations

5.0 on 5.0

Just try for mutual divorce and settlement as a genuine advise

Saurabh Yadav
Advocate, Gurgaon
50 Answers
1 Consultation

4.9 on 5.0

Dear Sir,

You are in danger zone and which may extend to dismissal from service if your wife produce such evidence before your Higher ups. It is wise to pay some amount and get rid of your wife by way of mutual divorce.

Kishan Dutt Kalaskar
Advocate, Bangalore
6128 Answers
432 Consultations

4.8 on 5.0

Hi

Do not think twice, go for MCD and settle the account once for all and lead a peaceful life.

Going by today's trend, your life will become miserable apart from loosing your job, if you are put behind the bars for what ever reasons.

Best idea could be to settle the issue amicably and come out scratch free and lead your chosen life.

Good Luck

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

There no negative consequences of denying your consent for a mutual consent divorce.

It's just that after your denial. your wife will be left with no option but to contest a divorce case against you.

Vibhanshu Srivastava
Advocate, Lucknow
9457 Answers
273 Consultations

5.0 on 5.0

If she is agreeing for mutual consent divorce and if that would give you relief for all the current and future problems, you may negotiate one time settlement and agree for mutual consent divorce also becasue the legal dispute for divorce may stretch for years making you to lose your energy, time and money due to this.

T Kalaiselvan
Advocate, Vellore
81456 Answers
1826 Consultations

5.0 on 5.0

I have come across many cases like this. At times, despite our best efforts, life takes a turn for the worst. We may have wanted different things from life, but life’s got its own plan as well. A bad marriage is something which nobody hopes for, but at times, that’s exactly what we are given and forced to face head on. Marriages are hard. Divorces…even harder. Nobody enters a marriage thinking about a divorce in the end. If some are unable to cope with the harsh realities of marriage, the only viable option in front of them is to approach the Court and seek legal separation by way of mutual consent divorce.

If you do not agree with the settlement money and mutual divorce then there can be severe consequences. You wife can file domestic violence case, 498a case(mental cruelty by husband) and many other severe cases.

Please understand that to prove that you have had a extramarital affair she needs strong evidences.

She can use the following evidences to prove that you are guilty for adulterous act and extramarital affair-

1. Birth of an illegitimate child.

2. Contraction of a venereal disease by the unfaithful spouse.

3. Witnesses, photographs and videos (solely for the purpose of evidence, without violating any law of the land at the time being) of the commission of the extra marital affair

4. Evidence of visit(s) to a brothel

5. Confession of the spouse of committing adultery

6. Whatsapp messages or email exchanges that come to your knowledge or possession

7. Paternity test report of a child, etc

Since it is very hard to obtain direct evidence in a case pertaining to an extra marital affair, circumstantial evidence is sufficient. 

So as a class A central government officer if you think and believe that she may have all the evidences you should agree on the mutual terms as mutual divorce does not take much time to settle. Concrete advice can be given if you opt for phone consultation.

At last I just want to say that divorce isn't such a tragedy. A tragedy is staying in an unhappy marriage

SHRI GOPAL VERMA

ADVOCATE ON RECORD

SUPREME COURT OF INDIA

Shri Gopal Verma
Advocate, Delhi
324 Answers
7 Consultations

4.0 on 5.0

Mistake can happen by the hands of any one, you have right to decline for mutual Divorce there won't be any problm

Your wife can file for regular Divorce for being cheated but when there is mediation you can convince and assure your wife the things can be sorted out its not a big task

Anwar Zaidi
Advocate, Mira Bhayandar
231 Answers

4.5 on 5.0

Hi,

You deny any instance of extra marital affair and file case of RCR against your wife.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

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