• Mutual divorce

Hi..i was married in 2017. I lived with my wife for 7 months (no in laws)and then had to move out of country for job. During the 7 months i spent with her, she never behaved properly with me. She didnt even let us consummate our marriage.However,after i went abroad i kept paying her bills like rent,etc. She was also working. Although i offered her to c9me abroad to me but she always refused the idea. Now a couple of months back,she went to her hometown and registered a plea for divorce in family counselling centre at police station; citing "torture" as the reason. She has also demanded money equivalent to the gifts given during the marriage,for which i am okay to pay. Other than this shes also demanding an extra 25 lakhs as one time lump sum payment. Please advise how strong or weaj is my case.
Asked 3 years ago in Family Law
Religion: Hindu

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32 Answers

Refuse to pay Rs 25 lakhs demanded by wife 

2) file petition for RCR as counter to divorce petition filed by wife 

 

3) both cases would be clubbed together 

 

4) once wife agrees to give up her un reasonable demands agree for divorce by mutual consent 

Ajay Sethi
Advocate, Mumbai
87212 Answers
6048 Consultations

5.0 on 5.0

try to settle the matter amicably with your wife involving elders/relatives/friends etc and go for Mutual Consent Divorce which will be decided in 6-18 months, and you both will be free to live life with your wish,

if failed,

contest the divorce case on merits and try to take her to a lesser amount,

yours is a good case as you are leaving outside INDIA and paying for her expenses,

“amount of MAINTENANCE/ALIMONY depends on various factors such as Living Standard, Financial Status, Properties held, assets, responsibilities, custody of children, expenses, etc, therefore, without going through deeply with facts its really unfair to tell a near to exact amount. a detailed personal discussion will enable me to answer this promptly"


engage a counsel who can negotiate for a lesser amount on your behalf

Suneel Moudgil
Advocate, Panipat
2365 Answers
6 Consultations

4.7 on 5.0

Dear Sir,

- Though she is seeking divorce, you have upper hand to prove your innocence. Provided the case is contest in right direction with proper efforts.

- You can even contest your case through POA.

 

Regards

 

Vivek Arya

Vivek Arya
Advocate, Gurgaon
741 Answers
6 Consultations

5.0 on 5.0

As the complaint has been made by her, therefore the onus of proof to prove the allegations of cruelty is on her. If she fails to do so, she would not be granted divorce by the court. 

The strength of her case depends on what evidence is she has against you to prove har allegations levelled on you.

Also, she would not be liable to claim maintenance from you as she is working and earning as the provisions of maintenance is for people who cannot afford to pay their bills and to prevent a state of vagrancy.

Indian courts generally do not grant one time alimony. Spouse can only claim monthly maintenance. The amount demanded by her to settle the cases is exorbitant. My advice to you is to contest the cases filed by her. In absence of any proof against you, she cannot do anything.

Siddharth Jain
Advocate, New Delhi
5904 Answers
97 Consultations

5.0 on 5.0

You can refuse any payment, and let her diovrce case proceed. Even don`t contest divorce, court will pass ex parter order. You himself will free from her.

And refund of expanses, for that she have to prove through bills and recovery though court which will take time and in the mean time , will get enough chance to settle compensation amicably.

Don`t agree for lump sum but return of gifts which she brought in the marriage.

Yogendra Singh Rajawat
Advocate, Jaipur
21482 Answers
31 Consultations

4.4 on 5.0

Hii

1.Don't pay her anything. I mean don't get ready to pay any thing.

2. Ask her file divorce Petition and alimony let court decide what to pay.

3. Just sent a legal notice through a lawyer for deserting and stating all the facts what you have faced and giving her 3O days to consummate the marriage which she did not within seven months of marriage and under the section 9 of the HMA...for Conjugal Rights if not you will go legally.

All the best

thanks and regards

Rita Rajput
Advocate, Thane
189 Answers
2 Consultations

Not rated

Have you filed a petition before the court of law?

If not initiate a dialogue to resolve the issue. 

If both of you could not reconcile, get the marriage dissolved through mutual consent. 

Regards 

G.Rajaganapathy 

Lawyer 

High Court of Madras 

Rajaganapathy Ganesan
Advocate, Chennai
2085 Answers
8 Consultations

4.9 on 5.0

Your case is very strong. File a divorce case in the family court if she hasn't filed it yet because family counselling is different.

Grounds of cruelty non consummation and irreconcilable differences. Deserted you since marriage and false statements.

Regards 

Rahul Mishra
Advocate, Lucknow
13678 Answers
62 Consultations

5.0 on 5.0

If you have not consummated with her a single time than on this ground you can file for annulment of marriage so you do not have to pay such lump sum amount and secondly you will not called as divorcee as well in the future.

Ganesh Kadam
Advocate, Pune
12308 Answers
184 Consultations

4.9 on 5.0

1. Since the marriage is not consummated, you can file for Annulment of marriage.

2. If you are successful in getting a favourable decree for Annulment,, you need not pay RS. 25 Lakhs alimony to your wife.

3. If Annulment is not an option,  convince your wife to agree for Mutual Consent Divorce. Better to  opt Mutual consent divorce route and mutually the husband and wife can take decisions in the matter of child custody, finance, assets, maintenance or alimony, etc.

2. In the joint petition to be filed by both husband and wife for dissolution of their marriage U/S. 13-B of the Hindu Marriage Act (Mutual consent divorce) , the custody of child, maintenance, finances, property matters, visitation rights will be mentioned.

3. The reason can be mentioned as due to irreconcilable differences they have been living separately since one year, and their marriage has broken down irretrievably and efforts to bring about reconciliation have also failed.

4. The time for concluding mutual consent divorce will be 6 months and this cooling period of 6 months can also be waived off in certain cases.

Shashidhar S. Sastry
Advocate, Bangalore
4100 Answers
258 Consultations

5.0 on 5.0

1. In mutual divorce the terms are settled only on amicable settlement of the parties and it has no nexus with the weakness of strength of the case since the same is not contested.

2. So if you have problem in paying 25L then you can negotiate the amount and agree on something which you can afford. Else no one can force you to get mutual divorce on this amount.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
390 Consultations

5.0 on 5.0

1. Marriage is not a tool to be used to earn money.

 

2. If the marriage has not gelled well, both can seek decree of divorce amicably.

 

3. On  what account the said extra Rs.25 l;akhs has been demanded by your wife? Is it for extortion from you?

 

4. Since she is employed, she is not entitled to any maintenance from you.

 

5. Contest her divorce petition fittingly refusing pay any extra amount to her since you have noi fault for her parting ways.

Krishna Kishore Ganguly
Advocate, Kolkata
26470 Answers
726 Consultations

5.0 on 5.0

Hi,if you are willing for mutual divorce,then all the negotiations has to be mutually ...If both the parties are willing ,then the mutual divorce can be granted without paying a single rupee as alimony ..Therefore the negotiations totally depends upon you ..However if she is asking too much ,you can simply refuse and file a contested divorce petition 

Hemant Chaudhary
Advocate, Gurgaon
4617 Answers
65 Consultations

4.9 on 5.0

You have a strong case.  Don't pay her alimony as she is working and capable of earning.  It's not your fault at all. You can object to the said alimony and contest the case

Prashant Nayak
Advocate, Mumbai
26719 Answers
79 Consultations

4.4 on 5.0

See there is no FIR registered and there is no cruelty from your side you can contest her application and can deny her giving any additional amount or can pay her reasonable amount and you both can agree for final settlement and mutual divorce. 

See since there is no cruelty from your side delayed complaint the case is not strong as such but mutually settling and ending this will be fruitful. 

Shubham Jhajharia
Advocate, Ahmedabad
25518 Answers
171 Consultations

5.0 on 5.0

Hello, 

 

Please share the copy of the divorce petition filed by her. 

We will have to see the grounds and then hear your entire version to tell the merit of your case. 

Moreover, coming to India on each and every date will be difficult for you and hence it is advised that if you have financial capacity to settle the matter then you must do the same. 

 

Regards 

Anilesh Tewari
Advocate, New Delhi
17923 Answers
367 Consultations

5.0 on 5.0

don't pay 25lacs, no need to bow down. 

You can file section 9 RCR  if she not contest then court may award you exparte RCR. execute this RCR decree on her and if she does not return to cohabit with you within one year from the date of awarding of the said decree then you can file a petition u/s 13(1-A)(ii) of the H.M.Act, 1956 seeking divorce on such grounds of her not honoring the decree. If she does not appear during the proceedings the divorce decree can be awarded ex-partee. 
She cannot claim any maintenance while you file such divorce petition nor would she can claim alimony. 

Mohammed Mujeeb
Advocate, Hyderabad
19012 Answers
32 Consultations

4.5 on 5.0

The objective of counselling is to help in reconciliation between parties 

 

2) if reconciliation fails then only case would be proceeded with

 

3) Lawyer can represent you 

 

4) you can execute POA in favour of your family member 

 

5) if dowry harassment case is filed your presence would be necessary 

Ajay Sethi
Advocate, Mumbai
87212 Answers
6048 Consultations

5.0 on 5.0

At family counselling centres the husband and wife are told to discuss issues plaguing their marriage and if possible solutions can be suggested and in the next session progress is recorded if made.

You father and other members can and should attend as they have also been falsely accused.

If the mediation fails the complaint is registered and criminal machinery is set into motion.

Regards 

Rahul Mishra
Advocate, Lucknow
13678 Answers
62 Consultations

5.0 on 5.0

Dear Sir,

 

- Counselling is a non-judicial process with having no impact on the case if failed. The objective of counselling is only to bring both the family at one platform and discuss the issues to sought out.

- If the Counselling fails, the case will go back to regular proceedings.

- The Lawyer is authorised as per law to represent you.

- You are not required to come for counselling and even day to day proceedings, any family member of yours can represent you in the court provided family member have POA from your side.

- Questions in counselling asked general about family matters. For rest of the details feel free to connect.

 

Regards

 

Vivek Arya

 

 

Vivek Arya
Advocate, Gurgaon
741 Answers
6 Consultations

5.0 on 5.0

 Family Counselling is done by trained counsellors who have specialized in marriage and family counselling and they would try  to resolve conflict between the two parties in a healthy and amicable manner.

If no amicable settlement has been arrived at family counselling, the case would be registered, if the other side has documentary evidence to prove their allegations.

You do not need to be present on each and every occasion of family counselling as a power of attorney can be given to any family member or you can represent yourself through a lawyer. Your parents and other people named in the complaint who are present in India should attend  the counselling sessions.

 

Siddharth Jain
Advocate, New Delhi
5904 Answers
97 Consultations

5.0 on 5.0

Even if you not attend counseling no repercussion. ask your parents to attend. Lawyer can accompanied. There they will try for mediation and mutual discussion . Nothing else.

IF discussion failed, than trail under domestic violence act.

Yogendra Singh Rajawat
Advocate, Jaipur
21482 Answers
31 Consultations

4.4 on 5.0

See question regarding there allegations, compromise and settlement basically happens at the counselling. If both parties fail to settle or IO arrives at conclusion that on this complaint a FIR can be registered the case moves to court after FIR. 

There is no  prescribed time limit. 

Shubham Jhajharia
Advocate, Ahmedabad
25518 Answers
171 Consultations

5.0 on 5.0

your Physical appearance will be required for Cross Examination of Evidence which will be done by the Advocate for your wife. 

Mohammed Mujeeb
Advocate, Hyderabad
19012 Answers
32 Consultations

4.5 on 5.0

You can now go for anticipatory bail.  She may file FIR soon. It's better you protect you and family through FIR. You can be represented by lawyer or family now.  It takes couple of hearings where they try to mediate. 

Prashant Nayak
Advocate, Mumbai
26719 Answers
79 Consultations

4.4 on 5.0

If you want to continue this marriage and do not want to budge to any pressure from her side, you may challenge her complaint as well as her divorce case.

You can decide about this or if she is not coming for an amicable solution then you may file a contested divorce from your side also on the grounds of cruelty and can mention the non-consummation of marriage and her arrogant and cruel behaviour as some of the reasons for divorce.

If you want to get rid of her once for all then you may negotiate the amount and bring it down to the barest minimum and get relieved for ever.

 

T Kalaiselvan
Advocate, Vellore
77366 Answers
1458 Consultations

5.0 on 5.0

Since you are in abroad and the fact is known to her even before giving this complaint, your parents or your lawyer may convince the investigating agency about this and may seek to waive your personal presence before them.

Your parents may attend the counselling session.

In the counselling session she may throw all false and unfounded allegations which they can deny. 

She may be demanding a huge money as compensation which also can be denied, let them go to the court seeking all those things they have demanded here.

You can patnetly wait and watch the developments without getting anxious about it, let the things take its own shape after which you can plan to tackle them legally as per procedures of law.

T Kalaiselvan
Advocate, Vellore
77366 Answers
1458 Consultations

5.0 on 5.0

Presently you need not Come but have to join the proceedings at a later stage if settlement doesn't occur

 

Suneel Moudgil
Advocate, Panipat
2365 Answers
6 Consultations

4.7 on 5.0

In family counselling center only the effort to reconcile is made So you can place your own side of story. There is nothing to get worried about much.

The versions made in counselling center is not  admissible in court and hence you can relax on this count.

After 3 sessions if no reconciliation is made then the matter is returned to court automatically. Or you can apply for not sending the matter to counselling center at all. 

 

Devajyoti Barman
Advocate, Kolkata
22515 Answers
390 Consultations

5.0 on 5.0

So As of now ask your father to visit in the police station along with your mutual divorce consent copy which you have in the aboard.

Ganesh Kadam
Advocate, Pune
12308 Answers
184 Consultations

4.9 on 5.0

1. Such family counselling takes place as per the Supreme Court directive for trying to counsel both the nparties.

 

2. For practical purpose it delays the proceeding since I have hardly found any such reconciliation after counselling.

 

3. However, your father shall have to take time and you shall have to appear once to say that you are not interested for any reconciliation (if you do not want ay reconciliation) and thereafter the case will be sent to the Court with the mark "Reconciliation effort failed".

 

4. The divorce case will proceed thereafter as per the procedure.

Krishna Kishore Ganguly
Advocate, Kolkata
26470 Answers
726 Consultations

5.0 on 5.0

Dear Client 

Your case is strong and if she hasn't file a divorce petition in the court and in police station then police is calling you for mediation and in mediation they try to sort out the difference between you and conditions for mutual divorce can also be settled in that mediation if it doesn't go well police will recommend the case for FIR under section 498-A to SP office. 

My suggestion is that you should file the divorce petition in family court of your district citing the non consummation of marriage till date. But nothing is better that'll mutual Divorce as it prevents the harassment of both parties in the court case. 

Mohit Kapoor
Advocate, Rohtak
10688 Answers
7 Consultations

5.0 on 5.0

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