• Compensation issue

Dear Sir,

I have been in contact with this site for getting valuable advice from your expertise lawyers. in continuation with that, i have some more doubts.
My wife want me to say yes for mutual consent divorce which im not ready. moreover my wife's parents need compensation amount from me which i cant bear to give as im in debt. What will be courts decision in this case. I will sum up my problem as below:
* My old relation with a girl came out and my wife has records for it
* Actually i have put an end to old relation, eventhough i send sms some casual sms to my my ex girlfriend
* My wife is not believing that i have put an end to my old relation
* She want a mutual divorce from me which im not ready to give
* Im in debt so that i cant give the  compensation they ask. Will court force me to give by any other means?
* Can i get court order in my favour if i prove that im not in touch with her as my wife claims ?

Asked 4 years ago in Family Law from Surat, Gujarat
Religion: Hindu
1. If your wife is not gainfully employed anywhere then you are bound to provide her maintenance.
2. Merit of case or allegations has nothing to do with her right for maintenance.

Better bury the hatchet and proceed towards happy married life.
Your problem is still not serious enough so it needs divorce.World is occupied with more serious problems.
Devajyoti Barman
Advocate, Kolkata
12818 Answers
166 Consultations

5.0 on 5.0

1. I think your wife also posted her query in either this or some other legal site where she stated that you are not in touch with your earlier fiancee now,

2. So, there is still some chance to convince her about your fiedelity after marriage with her,

3. Having affair before marriage is not a crime,

4. She has no ground to seek a decree of divorce for which she is asking for MCD,

5. If she does not want to stay with you you can not force her to do that. Better to agree for MCD but with out any alimony/compensation or accepting any charge on you,

6. If you do not agree for MCD, it will be difficult for your wife to get Divorce since there is no ground for her seeking divorce.
Krishna Kishore Ganguly
Advocate, Kolkata
18471 Answers
448 Consultations

5.0 on 5.0

1) if your wife wants divorce you should agree to it . 

2) contested divorce take years to be disposed of 

3) you can inform your wife that you are willing to give divorce by mutual consent provided in consent terms it is mentioned that she would not be claiming any alimony / maintenance 

4) if you did not have physical relation ship with your ex girl friend after marriage then it would be difficult for your wife to make out a case for adultery , mental cruelty as grounds for divorce . 

5) it is advisable to meet a marriage counsellor to resolve the issues and arrive at an amicable settlement
Ajay Sethi
Advocate, Mumbai
45474 Answers
2672 Consultations

5.0 on 5.0

Better to go for MCD if she is hell bent on MCD. However before drawing up the terms for MCD, you can make your stand very clear that she should not ask for alimony/,maintenance/compensation.
Shashidhar S. Sastry
Advocate, Bangalore
1633 Answers
107 Consultations

5.0 on 5.0

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