You can send it that will reply or not it’s a discretion
Atleat once or twice you have to attend
yes you can handle from there by appointing POA
Through a good lawyer you can do settlement
Dear Lawyers, Married in Feb 2019, 35M, both work in IT. wife was seperated from me by her mom within 6 months, wife's mom is the ruler of her family. Wife dad is dummy. Wife was controlled by her mom from beginning of marriage , she did lot of nuisance on every ceremony by dominating us to follow her mom wishes. Her mom is a wild lady with brutal character in nature, using worst language and doesn't bother the audience or place or age of a person, use aggressive words, if we doesn't go by her decision or interest.She doesn't like my wife staying with family. Wife is manipulated by her mom if she gets bond with my family. After Wife Gone to her home, asked me to come and lead a nuclear family life with her without my parents and she told if I doesn't take quick decision, let us divorce. But I met her in malls , temple, public places and called her to home, but she says the same. 3 months passed. On Feb 2020, wife family arrogantly taken gold n stuff from my home given during marriage, that days they shouted in the public and made a nuisance, it ended up in police station. Police asked us to sit and talk or go to women police. Outside of pol station, her mom n family harassed me in words and her mom shown worst hand gestures. They even asked my decision on this marriage, I said I will continue without knowing what is happening...Her relatives made me n my wife to write in white blank paper stating both will live without issues in a new seperate nuclear home. I also added that wife family taken the gold from my family in this date and both signed. But after few days, I realised this relationship with her n family is waste and future will not be good , so I decided not to continue and I kept silent. Corona came, it made a big gap. But wife keep calling and torture in words, I blocked her & communicated in e-mail. She shown her same arrogant attitude as like her mom n she keep asking divorce. N even told she will send notice, let's go mutual. I told yes. But I know she is not asking from heart as they spent marriage expenses, without money back settlement they won't give mutual. Jan 2023 I have travelled out of India. She was asking my decision. I told the same. She started saying I need settlement like 25 lacs. I was trying onsite for many long years,2 times got visa but not able to travel due to corona. .Finally in 3rd visa I was able to travel, now in abroad for 6 months, work will go next year March 2024. As age is running & Without damaging my onsite deputation work, how to handle. Also I need to hide my onsite deputation. 1. If I send notice via offshore lawyer, will they reply normally or make issues via police. 2. Once they accept mutual with some amount, how many times it will require me to travel to India n appear in the court. 2. If it is contested, can I handle from onshore with my dad here by giving power, with 1 /2 timed on court appearance.? 4. How to handle mutual divorce with genuine settlement like bargaining
You can send it that will reply or not it’s a discretion
Atleat once or twice you have to attend
yes you can handle from there by appointing POA
Through a good lawyer you can do settlement
If you send legal notice most probably wife will file false cases against you
2) best option is to file for divorce by mutual consent
3) you can execute POA in favour of family member
4) personal presence is a not necessary
5) virtual presence through Skype s sufficient
6) contested divorce cases take ur wars to be disposed of .personal presence is necessary during recording of evidence ,cross examination
1. You don't send the lawyer notice, instead you may file a divorce case directly on the grounds of cruelty and desertion. You can file the divorce case through your power agent also instead of coming to India for filing it.
If you reveal tht you are in a foreign country then they may take revenge on you by filing false criminal cases which will lead to more problems.
2. if a mutual consent divorce has been agreed then you may have to come twice to complete the formalities.
3. Yes you can
4. It depends on the circumstances prevailing at the time of talks for mutual consent divorce.
In given circumstances, it is not a case of separation. If wife is asking for divorce and you also agree then explore possibility of divorce by mutual consent. Donot sent legal notice as it may spoil the situation. In India wife has more remedy than husband and can file numerous cases making your return impossible and can also create problem for other family members. Number of year cannot be predicted but on an average minimum twice or thrice a month your appearance in court and before authorities shall be required. You can contest the case by appointing your father as uour soecial attorney and through him uou can contest case. Appoint a competent lawyer and negotiate through him for settlement and divorce by mutual contest.
These cases are very common in various Courts of India and Supreme Court of India. I can really understand your problem. They say marriages are made in heaven. But so is thunder and lightening. At times, despite our best efforts, life takes a turn for the worst. We may have wanted different things from life, but life’s got its own plan as well. A bad marriage is something which nobody hopes for, but at times, that’s exactly what we are given and forced to face head on. Marriages are hard. Divorces…even harder. Nobody enters a marriage thinking about a divorce in the end. If some are unable to cope with the harsh realities of marriage, the only viable option in front of them is to approach the Court and seek legal separation by way of mutual consent divorce. There is a bitterness in your relationship now.
You can send the notice via offshore lawyer. My team is dealing with various such matters and can help you, if required. They may or may not reply. They may file a police complaint. As per Indian law, there is no provision from stopping the other side to file criminal case.
The person granting the power of attorney must be competent to make decisions on behalf of the other person. Additionally, the power of attorney must be signed by both the grantor and beneficiary. It would not require you to travel (whether mutual or contested). Counsel can manage. You can request the court for the video conferencing as well (if facilities are there).
Negotiating a divorce settlement can be a stressful and emotional process.
Tips to help you negotiate with your spouse effectively:
Keep Emotions in Check: It’s important to keep emotions in check during negotiations and focus on achieving a fair settlement.
Be Prepared: Come prepared with documentation and a clear understanding of your financial situation.
Be Willing to Compromise: A successful negotiation involves compromise from both parties.
Work with a Mediator: Consider working with a mediator to help facilitate negotiations and reach a fair settlement.
Since I'm working as mediator, therefore I generally suggest my clients the following things to Consider while you negotiate a divorce alimony agreements:
Focus On Your Interest Instead of Your Position:
Nothing is more critical during divorce settlement or negotiations than removing yourself from the positional bargain after divorce papers. This is the time when you need to allow yourself to focus on the main interest that you are trying to satisfy. It would be best if you concentrate on positions like drawing a line in the sand when it comes to negotiating a divorce.
Unfortunately, it is not helpful, especially if you are starting to negotiate a divorce. It would be best if you focused on the interest where you are satisfied and your spouse’s claim is satisfied. The situation can also pop up where you will not be able to pay more than the Stipend amount as a month in the alimony.
Your spouse might take some position and will not settle the case unless she gets the desired amount in the element. This positional targeting will not help and instead blow the entire negotiating a divorce case into a drawn-out conflict. The basis of the position might be the interest that you want to ensure that you don’t want to blow the budget and are managing the situation reasonably.
The genuine interest of the spouse might be to ensure that they can continue to pay the rent or the utility while they finish the degree. Analyzing the situation from an exciting perspective will allow your thoughts and feelings to flow better, and you can devise a creative negotiation process.
It would be best if you were wary about taking hard bargaining too seriously during your negotiate a divorce process. It would be best if you did not go with the quote my way or the highway as it might land you in some trouble. This can be effective only in divorce cases where the other party is quite cheerful and willing to bend.
Still, in the majority of the cases, the hard-bargaining approach leads to the breakdown of the negotiation and divorce settlement. No doubt the hard bargaining idea looks perfect up front, but it is a bad idea where there will be no negotiate a divorce ground.
Ensure that you do not destroy the relationship with the other party
In most divorce settlement negotiations, preserving a solid relationship with the other side is always a beneficial result. For example, if you have kids or are likely to be the ex-spouse soon but always be the parent of the child, then you need to develop a parenting plan and compared it with the spouse in the future.
A marriage might be ending but in most cases of divorce relationship also exists after the termination of marriage, especially if it is a long-term marriage. Destroying the relationship, irrespective of the reason rarely ends positively for any parties during negotiate a divorce settlements .
Control Your Emotions
You need to control your emotions throughout the process. It would be best if you considered it as putting on the poker face. You don’t often wish the other party to see the emotional side because they will understand your weaknesses and learn what triggers you. Of course, losing control of the emotions can lead to a breakdown, especially in the negotiate a divorce settlement , or can also lead to an increase in the cost or time.
Whatever is said and done, a lack of information on any party’s end can lead to overestimation of the results in the court. A typical case would be where the spouse is needy for whatever reason that has let them believe that the amount of alimony, they would receive is way more than what a family court could potentially even allow. In such cases, the best way is to educate the misinformed spouse. You can do this through the financial or marital asset disclosure. You can also do it through some motion practice like letter news from the lawyer or even during the divorce mediation.
Be Transparent To Develop Trust
We generally find good deals inhibited as one of the parties did not develop enormous trust with the other party. For instance, you can consider your lawyer who will represent your spouse, who typically does not have access to any paperwork financially during the marriage. Even during the negotiations, everything is made genuinely transparent the other spouse might not end up trusting you. You can solve the trust issues by being transparent.
Negotiate a Divorce, Communication Is Essential
It would be best if you did not forget that negotiation a divorce requires a lot of communication between both parties and the divorce lawyers. Communication can quickly help you solve all the issues and also help you to get to the crux of the matter. In the majority of the cases, it requires you to have communication between you and your partner. You have to try working out all the terms of settlement when you are transparently communicating, which would be helpful as it will lead to the end of divorce resolution amicably.
You and your partner might have some mistrust for each other or even some emotional issues that make negotiate a divorce impossible or impractical. In such a case, you should always connect with your lawyer for mediation to find the common interest ground on which the settlement can be built.
Above all, you should focus on the problem instead of the people. It is expected during the negotiate a divorce that emotional issues in the relationship might pop up. It would be best if you focused on what needs to be done instead of other matters.
You may contact my secretary to connect with me for clarification.
Gopal Verma
Advocate on Record & Amicus Curiae
Supreme Court of India
As per Supreme Court judgment, wife is expected to move in with the relatives of their husbands, follow the rules and customs of their home, and ideally, blend in seamlessly as a new daughter.
- Further, the court granted divorce to a man on the grounds of “cruelty” after his wife refused to share a home with her in-laws.
- Further, if wife is living separate without any reasonable cause , then she cannot claim maintenance and it is a ground for divorce.
- Further, 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.
- Further, the Delhi High Court granted divorce to a man on the grounds of his in-laws’ frequent interference in his marital life and noted that parents should “draw a line” and let their daughters lead a happy, married life.
- Hence, the wife's mothers interference in your married life is against the law , and can file a complaint against her
1. She can file case against you.
2. If she is ready for mutual divorce , then you can fie a joint petition with the help of POA , however at the time of final statement , your appearance is needed before the court.
3. Yes
4. Your parents can try for settlement on your behalf.
Notice you can send from anywhere. Also apply for anticipatory if apprehending Police complaint.
For mutual consent you can appear through POA. No need to come to India.
IF contested than you has to be represented through Advocate and not POA holder.
Bargaining with involvement of family members.
Sending a notice via an offshore lawyer: If you decide to send a legal notice through an offshore lawyer, the response you receive will depend on how the other party chooses to handle it. They may respond in a normal manner, or they could escalate the situation by involving the police. It's difficult to predict their exact response, so consulting with a lawyer who understands the legal processes in your jurisdiction is crucial.
Number of court appearances for mutual divorce: The number of times you would need to travel to India and appear in court for a mutual divorce can vary depending on several factors, including the court's schedule and the progress of your case. It's best to consult with your lawyer to understand the specific requirements and potential timeline involved in your situation.
Handling contested divorce from onshore: If your divorce becomes contested, it may be more challenging to handle the proceedings from abroad. However, it may be possible to appoint a power of attorney, such as your father, to represent you in court on your behalf. The specific laws and procedures regarding power of attorney vary, so consult with a lawyer to understand the feasibility and implications of this option in your jurisdiction.
Negotiating a genuine settlement: When it comes to negotiating a settlement, it's important to have open communication with your spouse or their legal representative. Clearly express your position and expectations, and be prepared to discuss and negotiate various aspects of the settlement. It can be helpful to consult with a lawyer who can guide you through the negotiation process and ensure that your rights and interests are protected.