• Divorce: 6 months together, 1 year separated

Hi ,

We got married in Oct'16 and we stayed together for 6 months in which there were always issues from my wife and her family interfering in almost every single and small matter of the house. Many instances which also shows the criminal mind these guys had. She also forced me to stay separate from my parents and we did stay and then also there were many problems for which we called her parents to discuss the problem but her parents came and fought with us and took her daughter away. After that 2 days later she again reached out to me saying she wants to come back but with a condition that i have to leave my parents and stay with her to which i did not agree.. Its been 1 year now that we are not staying together. After 6 months of separation she has emailed me that she wants a mutual divorce and now after another 6 months (total 1 year) she has filed a complaint against me in police station .She has also approached a NGO for solution. Her parents are the main reason for our separation. I also have evidences to show that she and her family was only behind our money. She is more educated than me and earns almost the same as i do or more (since 1 year gap i am not sure).I have couple of questions.

1. Do we have to give her the jewellery that we had presented her even if we are going for mutual divorce?
2. Do we still need to give her alumni considering she has spoilt my life instead and also that she earns almost the same as me?
3. She has always been behind my money and her family always wanted money from our separation even when we were staying together.
Asked 4 years ago in Family Law
Religion: Hindu

3 answers received in 10 minutes.

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13 Answers

1. All the gifts given to her from either side of marriage is considered to be her stridhan and hence she alone has exclusive rights over this. Whether you will hand over those to her on mutual consent divorce will depend on terms of settlement between two of you.

2. In mutual divorce the terms of divorce depends on mutual agreement of the parties. There is no law guiding the parties on this. So if you can convince her you need not pay anything.

3. If you are parting ways then bury the past and dissolve the marriage amicably. If she has greed for money without alimony MCD is unlikely to happen,

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

1) you have to return jewellery given to wife at time of marriage

2) if there is not substantial differences in income wide would not be awarded alimony

3) file for divorce by mutual consent

4) MCD takes 6 months

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

All the above questions can be answered only by the fact that on what term you consented to divorce her. If it is by mutual consent then she has no right to ask any unwarranted thing from you.

Uzmi Jamil Husain
Advocate, New Delhi
15 Answers

Not rated

1. Technically yes she can claim that also under stridhan even after mutual divorce but if she agrees in the agreement that she has received her stridhan and do not want anything from you then you don't have to give it.

2. In mutual divorce.you both can decide alumni court doesn't interfare in contested divorce you have to contest that wife earns and can maintain her self there are several judgments favouring you know.

3. If you have evidence to effect has.to present before.court.

it better to her a give small amount take mutual divorce and ask her to take her complaint back or get it quashed then you can restart your life otherwise in there false cases and contested divorce a great deal of time money resources will be wasted.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1. Yes. The jewelry and article brought by her from her parents and family members and also what ever she was gifted with by you and your family members are considered as her Streedhan on which no body other than herself has any right.

2. Spoiling your life is not a ground for denying payment of alimony. However, she is not entitled to any alimony since she is well employed.

3. If you have collected evidence of her insisting you to separate from your old parents then you can file the divorce suit on the ground of cruelty since Supreme Court has considered the act of insisting the husband by wife to separate from his old parents, as cruelty for seeking divorce. Their being money minded is no ground for legally seeking divorce from your wife or any legal action against them.

Krishna Kishore Ganguly
Advocate, Kolkata
26603 Answers
726 Consultations

5.0 on 5.0

The answers to your first question is NO but you need to pay the alimony if you wish to get divorce in an amicable split other wise you have contest the divorce and court will decide the alimony.

What ever is the motive but she is your wife and this fact is important.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

1. In legal terms the jewels what were presented to her from her parents side and her husband's side are termed as 'stridhan', in which only she has rights and no one else.

Therefore legally you may have to return the same, but it depends on the practical situation too.

2. The question is not about who spoiled whose life, the law is that the legally wedded wife is entitled for alimony on divorce and monthly maintenance during the period of separation if they are still married.

But you can refuse to pay hr alimony citing her employment and salary income as reason.

Let the court decide, she may not be eligible for alimony.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

Dear Sir,

Please enter to mutual divorce by accepting her most of the reasonable conditions and get rid of her. Otherwise it is very difficult to proceed with divorce cases.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

1. Yes, that is her property and therefore you will have to return the same. Moreover, mutual consent is the mutual understanding between two. I she is ready to give divorce without taking the jewelry then also it is alright.

2. In case of mutual divorce, alimony depends on you two. If she is asking for some nominal amount then I would advise you to give the same and part your ways.

3. If she is just after money then do not give her any amount and file a case for divorce on the ground of mental cruelty.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

1. Both has to get relieved of their marital obligations by recovering their valuables before going for mutual divorce.

2. Depends on the facts and circumstances and the alimony cannot be avoided stating any reason. Even a divorced wife is entitled to alimony.

Rajaganapathy Ganesan
Advocate, Chennai
2085 Answers
8 Consultations

4.9 on 5.0

1. Basically, this has to be mutually decided, whether or not you will refund this.

2. If you two are going for mutual divorce, this too also needs to be decided mutually.

All the consideration regarding separation are to be decided mutually in a mutual consent divorce, including return of streedhan, payment of alimony and maintenance and other important issues such as who will retain the custody of children etc.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

1. Do we have to give her the jewellery that we had presented her even if we are going for mutual divorce? -- That depends on your mutual understanding, Such gifts counts in stridhan , so if recovery through court, yes.

2. Do we still need to give her alumni considering she has spoilt my life instead and also that she earns almost the same as me? -- Maintenance is her right, but cause of her earning capacity, alimony shall be low.

3. She has always been behind my money and her family always wanted money from our separation even when we were staying together. ---

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

1. As the police complaint already filed against you, obtain AB to avoid arrest.

2. Whatever the jewelry you gifted to her, you do not need to give her back. It is the burden from your side to prove such jewelry is your own.

3. Alimony or maintenance is based on the court proceedings. Now it is too early to comment.

4. Family members and lawyers from both of the party can negotiate on 'one time settlement' before seeking MCD from court.

Niranjan
Advocate, Bangalore
844 Answers
9 Consultations

4.9 on 5.0

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