• Divorce case

I have received the divorce petition and husband in his prayer has asked for divorce decree as well as reward of 50 lac and also his litigation charges fro me.

My question is incase if I chose to ex-parte then what all will be granted to him. Is he entitled to claim money from me on any grounds. Please let me know?
Asked 1 year ago in Family Law
Religion: Hindu

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24 Answers

1. he will be granted with the divorce decree,

2. the opinion on the claim amount can be given after going through the relevant documents (divorce petition)  

3. generally, claim is not allowed


you should appear in the case

Suneel Moudgil
Advocate, Panipat
2349 Answers
6 Consultations

4.7 on 5.0

  1. You must contest the divorce petition. If exparte decree is granted to him, all his prayers may be granted, including costs of rs 50lacs which he is pleading. 
  2. You obviously will need services of expert counsel (advocate) to defend you and contest your husband's divorce petition. I'm willing to take up your matter. I'm based in Mumbai/Navi Mumbai just as you are, hence it shouldn't be much difficult for you to visit me for exhaustive consultation.

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1407 Answers
5 Consultations

4.4 on 5.0

In case if you choose to remain ex-parte, the court will grant him ex-parte Divorce Decree

The pleadings of your husband need to be perused to give opinion.

To avoid complications, you better appear in court on given date of hearing and contest the case on merits.

He has to establish / prove his case of seeking reward of Rs.50 lakhs and litigation charges.

S Srinivasa Prasad
Advocate, Hyderabad
2868 Answers
9 Consultations

5.0 on 5.0

See court based on the merits of the case , other relevant facts like income can pass an order of divorce if you chose ex-parte and may also grant some amount as per his prayer. If husband is not having source for income he can claim money.

Shubham Jhajharia
Advocate, Ahmedabad
25518 Answers
137 Consultations

5.0 on 5.0

1. I am not sure what you are trying to say by the word ' reward".

2. If your husband has claimed alimony then the court at its discretion can grant him provided it is proved that you have your independent source of livelihood while your husband is unemployed.

3. Allowing a ex parte decree to be passed knowing about the pendency of the case is never advisable.

Devajyoti Barman
Advocate, Kolkata
22509 Answers
356 Consultations

5.0 on 5.0

If your husband is not working he can claim maintenance from you 

 

2) it would depend upon your income , standard of living etc 

 

3) husband would not be awarded Rs 50 lakhs claimed by him 

Ajay Sethi
Advocate, Mumbai
83174 Answers
5337 Consultations

5.0 on 5.0

First contest the divorce suit or if you want early divorce then go for mutual divorce.

in the divorce suit there is no scope for the court to grant him any damages. I wonder under lawyer's advice such claim is made in the plaint.

Devajyoti Barman
Advocate, Kolkata
22509 Answers
356 Consultations

5.0 on 5.0

See you can contest the petition further in case you also want divorce you can ask for mutual divorce it will easy and also take less time.

Shubham Jhajharia
Advocate, Ahmedabad
25518 Answers
137 Consultations

5.0 on 5.0

Does his assets are worth rupees 50 lacs to claim the amount from you and does that much of loss has happened. He and his lawyer is joking. 

 

Kindly file maintenance case on him I can guide you for free. 

 

 

Ganesh Kadam
Advocate, Pune
12126 Answers
142 Consultations

4.9 on 5.0

what is your take? Do you too want the divorce?

 

he needs to prove the averment mentioned in the divorce petition including damages to the bright future which is almost impossible.  

you are advised to contest the case, or, if you too want the divorce, then, 

try to settle the matter amicably with your husband 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,

don't forget to draft an MOU before approaching Mutual Divorce, which is the most essential and important part of a Divorce case,

some basic points to keep in mind and put in writing through an MOU before filing the petition for mutual consent divorce are custody of kids, distribution of assets (movable/immovable), quash/withdraw of pending litigation if any, Maintenance (present/future), Alimony, mode and time of making the payment, streedhan, future litigation, etc.

Suneel Moudgil
Advocate, Panipat
2349 Answers
6 Consultations

4.7 on 5.0

Court would not award husband Rs 50 lakhs 

 

file detailed reply denying allegations made in divorce petition 

Ajay Sethi
Advocate, Mumbai
83174 Answers
5337 Consultations

5.0 on 5.0

Firstly, he has to establish / prove Cruelty.  Further, the damages as claimed by him for his future cannot be quantified, further, he has to prove it beyond doubt, as such, the chances of your husband succeeding in claiming damages are very bleak.

You contest the case on merits.

S Srinivasa Prasad
Advocate, Hyderabad
2868 Answers
9 Consultations

5.0 on 5.0

Madamme, I have already told you what needs to be done. 

 

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1407 Answers
5 Consultations

4.4 on 5.0

Reward and litigation charges prayer will decline. Not even on ex parte divorce 

Poor pleading. Family court has no authority to award damages in divorce petition.

Yogendra Singh Rajawat
Advocate, Jaipur
21439 Answers
31 Consultations

4.4 on 5.0

For claiming money he may have to file a money recovery suit,  no relief for money may be granted to him even in case of an exparte divorce. 

T Kalaiselvan
Advocate, Vellore
73275 Answers
1146 Consultations

5.0 on 5.0

The claim for damages is not maintainable,  he has to produce substantial documentary evidences to prove his losses. 

T Kalaiselvan
Advocate, Vellore
73275 Answers
1146 Consultations

5.0 on 5.0

See once you don't appear before court then there are chances that most of his prayers will be admitted. So it's better you appear and contest

Prashant Nayak
Advocate, Mumbai
23518 Answers
49 Consultations

4.4 on 5.0

Dear Madam,

Yes, of course, Mens are eligible too to get alimony after the divorce but in the case when he cannot earn money for his bread and butter and his wife is the financial support. Then men can ask for the alimony

Get all the consultant by the best divorce lawyer 

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

Under the Hindu Marriage Act 1955, both the husband and wife are legally entitled to claim permanent alimony and maintenance. When a couple gets divorced by mutual consent, the decision on whether any alimony/maintenance is to be paid by either party is a matter of agreement between them.

In exparte divorce husband cannot claim Any maintenance or money 

Mohammed Mujeeb
Advocate, Hyderabad
19006 Answers
25 Consultations

4.5 on 5.0

You should contest divorce case and deny all allegations made by husband.

Mohammed Mujeeb
Advocate, Hyderabad
19006 Answers
25 Consultations

4.5 on 5.0

1. Letting an ex parte decree get passed against you after service of summons is suicidal as there will be a deemed admission of allegations.

2. The court may decree in his favour all the prayers made in the petition. You should contest it.

Ashish Davessar
Advocate, Jaipur
30743 Answers
901 Consultations

5.0 on 5.0

1. If you let the court proceed Ex-parte against you by not appearing in court then it means that you are accepting allegations of husband. 

2. Court can grant divorce but chances for alimony for husband are very very low because alimony to husband is granted only under exceptional circumstances where husband is unable to earn anything for himself. 

Mohit Kapoor
Advocate, Rohtak
10688 Answers
7 Consultations

5.0 on 5.0

He has to justify that what he is demanding is fair in the eyes of the law. The court cannot give anything he demands. The court may rule in his favour and wil not grant you any alimony and maintenance.

Rahul Mishra
Advocate, Lucknow
12852 Answers
36 Consultations

5.0 on 5.0

He has to prove that cruelty actually happened and you were the perpetrator.

 

Rahul Mishra
Advocate, Lucknow
12852 Answers
36 Consultations

5.0 on 5.0

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