Hi, i have been married for 7 years now and do not have any kids. Me and my wife are both in i.t company. I stay abroad from last 5 years and she use to visit on and off. Since beginning, we were not in good terms. She was telling me from very first year that she don't love me and asked divorce. It was manageable but last year she told me that she will falsely put some police case and even threatened to kill me. Later, last November she went back India and registered mutual divorce online, but again she told me that she is busy and asked me to put contested divorce. Now when i filed the case, her brother is blackmailing me to give mumbai flat and the jewellery from both parties and 25 lacs, otherwise he will not let the divorce to happen for years. He ia saying that her sister is not going to marry in future, that's why, they need money, property and jewellery from both parties. Kindly suggest as my wife is earning 15 lacs per year. I do not have money to give , my flat is my only saving in my life.
Wife is entitled to stridhan ie jewellery given at time of marriage or after marriage
2) sell your Mumbai flat . Wife can only claim right to stay in said flat . She cannot claim ownership rights on said flat
3) since she is highly qualified and quirking she would not entitled to maintenance unless there is substantial differences in your incomes
Don't succumb to any pressure. Since your wife is earning she is not entitled to any maintenance at all.
If you want Divorce then continue with the suit.
Otherwise withdraw it and let your wife file it.
Since you live in abroad mostly no criminal case would cause any damage to you.
Be brave and face the situation boldly.
The wife cannot arbitrarily demand any amount or any property. Her own financial situation ie salary savings etc shall be taken into consideration by the courts.
Therefore you should not file the divorce petition as you don't seem to be eager to get divorce.
Let her file divorce and proceed ahead. She has to prove her grounds then only she'll get the divorce.
As far as jewellery etc is concerned it belongs to the person who purchased it.
- As per law, if wife is not supporting her husband for the enjoyment of life and denying relation, then the husband can get divorce after filing a divorce petition before the court on this ground.
- If she is not interested to live with you , then she can opt for mutual divorce without any condition.
- Further, if she is earning handsome amount , then she cannot claim alimony from you legally
- Further , she cannot claim any share in your property during your life time.
- If you have already filed contested divorce case in India , then why you are worry for her demands
- Further, time passing in the court not depend upon any party of the case , except in some exceptional circumstance , generally court order passed within a period of maximum 2 years.
- If you are living abroad , then you can engage a lawyer on your behalf in India for contesting the case .
You can contact me, if further suggestion needed.
You can reply to her that we will go for judicial separation and you do not want to give her divorce.
You are ready to pay her alimony and maintenance, but could not have to pay one time lump sum divorce amount.
You are also not going to marry in future and want to live single life.
You oppose the alimony and maintenance application on ground of her income and her earnings
"Later, last November she went back India and registered mutual divorce online,"
mutual divorce cannot be filed without consent of both parties
1. if you want to terminate the matrimonial knot, then, 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,
don't forget to draft a# memorandum of understanding before approaching #Mutual Divorce, which is the most essential and important part of a #Divorce case to avoid/reduce future #legal complications,
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.
2. if she does not agree for the MCD, and, you are not in any hurry for the termination of the matrimonial tie, then straight away refuse their demand of flat, jewelry, cash etc and relax,
if you need the divorce you have to pay some consideration, however, you can negotiate with the help of your lawyer
“amount of ALIMONY depends on various factors such as earning capacity, educational status, Living Standard, Financial Status, Properties held, assets, responsibilities, custody of children, expenses on marriage etc, therefore, without going through deeply with facts its really unfair to tell an amount. a detailed personal discussion will enable me to answer this promptly"
No need to give up before their illegitimate demands.
She is nobody, who can keep your divorce case pending FOr 15 years.
Ask you lawyer to expedite the hearing and final disposal of your cAse. This will cast pressure on your wife and in-laws
1.Understand you have filed a divorce suit which must be on the ground of cruelty.
2. Pursue your said suit aggressively without succumbing to any of their pressure for any illegal demand.
3. However, you shall have to return her jewelry she received as gift from her relatives and also from your side which are considered as her Streedhan.
You do not have to give in to the pressures put by her or her brother.
If her brother talks to you next time, you may tell him to mind his own business and not to talk to you again on this in future or else you will file police complaint against him for the extortion and threatening offences.
You do not have to oblige her with the demands she has made.
She is not eligible for maintenance or alimony if she is employed and drawing a handsome salary, you should prove her employment before court with evidences of her employment details.
If at all she files a false complaint, you first obtain anticipatory bail and challenge the same in court of law accordingly.
Fight the case on merit, I think the divorce case has already been filed by you based on cruelty, if yes then take the help of an advocate who deals in Matrimonial cases and fight the case till the judgment.
as she is earning, she is not entitled to get any maintenance or alimony from you.
The Jewelry is her Istridhan which was gifted to her by her parents and relatives and you, your parents, and your relatives, hence hand over the same to her if you have, otherwise she may file a criminal case against you and your parents under section 406 of IPC and also may file a civil suit for recovery of Istridhan before civil court.
Feel Free to Call
Dear Sir,
1. You can file a complain for extortion( section 385 IPC) against your wife.
2. You can file a complaint for cheating (section 420 IPC) against your wife for trying to wrongfully extort property and money from you.
Thank you!
