• Demanding divorce with alimony

I was arrange married in 2009 after that we were trying to have kids and not successful tried many ways medically and not successful so we stopped trying as being only son faced some consequences to get a kid but not successful in order to get out of this pressure I moved out of India for work in Malaysia and I continue work here indue course I met a girl had physical contact I had a kid but I am not married again. Where I thought I will take the kid to my family back and raise the kid. due uncertain reason it was not successful due to kids medical reasons. I have already communicated it to her about the situation initially she supported this and later she don’t want to accept this kid and this year beginning she moved out of the house and it’s been 6 months she files a case in local Ps that I have harassed her she needs divorce with alimony And I have used her for my benefits she provided some of my before marriage gf photos and the photos of the kid which was taken from my phone without my consent. And I am not coming to take care of her but I have been travelling to back home last year supported her financially and every need was provided to her and due work pressure I cannot travel back as my company going through tough times even if I miss out few days I might get terminated this will make me suffer financially. What shall I do next! Please advice me
Asked 5 months ago in Family Law
Religion: Hindu

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8 Answers

Best option is to convert existing petition of divorce into divorce by mutual consent 

 

2) if not possible contest the divorce proceedings 

 

3) contested divorce proceedings take years to be disposed of 

Ajay Sethi
Advocate, Mumbai
99755 Answers
8143 Consultations

If only divorce suit is filed then you cna contest the case even working in Malaysia. Remaining present in court on day to basis is not necessary.

The child born out of any extra marital affairs is unlikely to be accepted by any wife and there is no unusual reaction from your wife.

Since the initial fault was from your end leading to filing this case, it is advisable that you reconcile your wife and settle the dispute amicably. For this you may will have to walk extra mile in your effort. 

Devajyoti Barman
Advocate, Kolkata
23647 Answers
537 Consultations

The Bangladesh law is different to that of the Indian law.

If you are not able to attend the court to challenge her divorce case then you can give power of attorney deed to any close relative back at home to represent you before court and conduct your case properly with the assistance of an advocate in the local.

T Kalaiselvan
Advocate, Vellore
89957 Answers
2490 Consultations

You concentrate on work she will do what she wants to. If she files any false case you can contest

Prashant Nayak
Advocate, Mumbai
34494 Answers
248 Consultations

Provide evidence of financial support and communication with your wife regarding the child situation. Also, address the harassment claim and clarify the photos issue legally. In parallel, try to negotiate a fair settlement or mediation with your wife to avoid prolonged legal battles.

 

Shubham Goyal
Advocate, Delhi
2055 Answers
14 Consultations

Dear Sir,

You are suggested to strongly oppose the complaint submitted by her and get out of the trouble. Do submit your all defence and get out of this juncutre. 

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

Dear Client,

  • The wife has filed a case demanding divorce and alimony, falsely alleging harassment by husband. Wife complaints that she’s been manipulated and complaints of not being taken care of, despite the husband providing financial support. The husband is staying abroad, and is not in a position to travel back and forth. What to do? 

The offence alleged is a very serious one, and non-bailable. However, it is reassuring that the courts have cautious about complaints of such nature, since false and exaggerated complaints are common. Confirm whether an FIR has been filed, ensuing the complaint. If an FIR has been filed, file for Anticipatory bail under Section 438 CrPC, immediately! 

 In order to help reduce alimony liability in the future, file an application for the restitution of conjugal rights under Section 9 of Hindu Marriage, since displaying the intent to reconcile can be very helpful in reducing the burden of alimony. 

Legal Principle: Section 125 of CrPC. Section 9 of Hindu Marriage Act, 1955. 

 

I hope this answer helps. In case of future queries, please feel free to contact us. Thank you.

 

Anik Miu
Advocate, Bangalore
11008 Answers
125 Consultations

You entered into an arranged marriage in 2009. After multiple unsuccessful attempts to have children through medical means, you and your wife stopped trying. As the only son, you faced pressure to have a child. To relieve this pressure, you moved to Malaysia for work. While living abroad, you developed a physical relationship with another woman and fathered a child, though you did not marry again. You intended to bring the child to India and raise them with your family, but due to the child’s medical issues, that plan failed.

You informed your wife about the situation. She initially supported you but later refused to accept the child. In early 2024, she left the house and filed a police complaint accusing you of harassment, claiming you used her for personal benefit. She also filed for divorce with alimony and submitted old photos from your phone, including pictures of a past girlfriend and the child, without your consent. She alleged that you failed to take care of her, although you visited India last year, supported her financially, and met all her needs. Due to your work pressure and your company's unstable condition, you have not been able to travel back recently without risking termination of your job.

You must now take immediate legal steps. Engage a matrimonial lawyer in India to review the complaint and determine whether the police registered an FIR. If they have, apply for anticipatory bail to avoid arrest. If your wife has filed a domestic violence case or maintenance petition, submit evidence of financial support, communication records, and your employment status to counter her claims.

If divorce is inevitable, propose a mutual consent divorce with clear terms, including financial settlement and withdrawal of any criminal complaints. Since you fathered a child outside marriage, your wife may use this as grounds for divorce. While adultery is no longer a criminal offence, it remains a valid ground for divorce under civil law. Ensure that you avoid making any threats or informal settlements, and handle the matter strictly through legal channels.

Document all your financial transactions and communication with your wife to protect yourself. If the court issues a non-bailable warrant or Look-Out Circular, your lawyer can seek exemptions or permission to travel, citing your employment risk. Do not return to India without legal safeguards in place.

Act quickly to defend yourself through lawful means and avoid further complications. If you need assistance with drafting a bail application, divorce settlement, or response to the police complaint, you can seek professional legal help immediately.

In case you need my assistance in the matter I can be contacted on 

 

 

Regards,

YUGANSHU SHARMA

SYS LAW OFFICES

 

Yuganshu Sharma
Advocate, Delhi
945 Answers
2 Consultations

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