• Divorce

Hi..I'm an indian from Goa living in GCC in past one year and a half,I had married an indian woman 3years ago but since we had married we are not living together as our marriage doesent function and I was really unhappy with her.2 months ago she wanted to file for mutural divorce but one week ago my father has passed away and she now wants eather alimony or for me to pay to her around 30 000$ to finish our divorce.how ever we had not created any thing together since we had got married neither I have any property on my name it all belonged to my family.does she has  wrights to ask for a settlement and how much it can be as I do not own anything,and how does Indian low functions for divorces?do i have to be present for everything or i can pay a loyer to represent me in all the heraings?does she has wrights to sew me for anything?and if i file for devorce how long the proces will take?thank you so much.Sibi
Asked 12 months ago in Family Law from Bahrain
Religion: Christian
1. She has no right on your property or the property of your family members during your lifetime,

2. She can file maintenance case or divorce case claiming alimony which will be settled depending on your net income,

3. You can execute a POA in favour of any body in India to deal with your cases for and on your behalf,

4. You can file a divorce suit on acceptable ground like cruelty by submitting evidence in support of your allegation.

Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
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A one time settlement is possible only if there is a mutual divorce, failing which the utmost she can do is to file for maintenance against you. You can contest her petition on the merits. The presence of your lawyer in the court shall suffice for all legal and practical reasons. Under the Indian law a wife has no right to claim a share in the movable or immovable property of her husband. The divorce proceedings may take around 2 years to be decided.
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0
1) did your father leave any will or he died intestate . 

2) wife has no right in husband property 

3) she only has right to stay in matrimonial home 

4) you can appoint a lawyer to appear on your behalf but you have to appear in court   during trial 

5) contested divorce takes 5 years and mutual consent 6 months 
Ajay Sethi
Advocate, Mumbai
23328 Answers
1220 Consultations
5.0 on 5.0
Have you been married under the Goan Act or Indian Christian Act?
How do you want to dissolve your marriage?
If it is a mutual consent as per Indian Divorce Act, then you may negotiate the bargain for alimony to the barest minimum, if it does not works, you may not agree for the exorbitant demand, present your side merits and argue properly before court.  If she is employed, you may even repudiate her claim for maintenance.
The contested divorce proceedings will take years to get disposed.
T Kalaiselvan
Advocate, Vellore
14136 Answers
127 Consultations
5.0 on 5.0
1. The wife has right of maintenance but has no right of share on the property of husband.
2. The quantum of maintenance generally differs from 1/3- 1/5h income of husband. The expenses of the husband is also taken into account.
3.In divorce suit except while recording your evidence in the form witness your personal presence not required.
4. Divorce suit take typical time of 3-5 years.
Devajyoti Barman
Advocate, Kolkata
5239 Answers
54 Consultations
4.9 on 5.0
You may file a petition for nullity of marriage under the ground that the marriage has not been consummated ( no sexual relationship has occurred between the husband and wife).Your wife  has no right on your property or the property of your family members during your lifetime,she only has right to stay in matrimonial home.
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
5.0 on 5.0
1. You shall have to sign the MCD petition and get it notarised by the local Indian consulate to make it valid,

2. If she does not appear before the Court during the 2nd motion, the divorce will not be granted and the petition will be rejected after 18 months of its filing,

3. On the day of the 2nd motion which will be scheduled after 6 months, both of you shall have to appear before the Court. You can agree to  pay the compensation at the Court on the day of the 2nd motion since otherwise she may refuse to appear after taking the compensation from you and ask for further amount to appear.
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0
1) you agree to pay compensation demanded but money should be paid only at the of second motion 

2) get the consent terms vetted by s lawyer before you sign the same 
Ajay Sethi
Advocate, Mumbai
23328 Answers
1220 Consultations
5.0 on 5.0
You must be aware that though you sign the divorce papers for mutual consent divorce, you are to be present either in person through your authorised representative which can be  your power of attorney agent also during the filing of the MCD case before the court for the first time as well as during the second motion.
In this situation, without entering into an agreement of the settlement amount as well as other issues namely exchanging each other's items, withdrawing the criminal cases (if any, pending)and any other essential item that would be required to be finalised, do not make any payment so soon.
An agreement for making payment at the time of second motion can be made to ensure that she presents herself during the second motion to make the MCD happen or else you may remain a loser at both the ends. . 
Take decisions patiently without hurrying up the things on somebody's pressure. 
T Kalaiselvan
Advocate, Vellore
14136 Answers
127 Consultations
5.0 on 5.0
She has the right to withdraw her consent without assigning any reason before the final motion. Mutual divorce requires the personal presence of the spouses or their constituted attorney holders in the court.
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0

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