Should she contest the divorce? What's the best way forward?
When I met my now girlfriend,she was married on paper. However, she was practically living with a roommate. They were married for four years but hadn't consummated it. She was being yelled at when she was home almost everyday. Under pressure, she also used to transfer her entire salary to him and he would give her limited amount of money to spend as and when she needed it. HE also raised his hand on her twice during the four years that they were together.
She and I got close and are now in a sexual relationship. She understands that here marriage cannot make her happy and has decided to end it, which she conveyed to him. She stays alone in Mumbai now, while he is Gurgaon. He refuses to give her any money and she has to start all over again. She earns sufficiently to suit her lifestyle but practically has no savings.
Over the years she transferred Rs. 8 lacs to him. which he is now willing to give back but it's hard to trust his word. She thinks, after all that she's gone through, she deserves Rs.15 lacs but that doesn't seem to be a possibility.
It's sad to think that many women like her would still be in relationships that are this traumatic because of societal pressure. I'm glad I could give her the courage to take this decision. He is incredibly manipulative and she's not super prudent. What's the best way to go forward legally? A mutual consent divorce would be great but can we be insured of the Rs. 8 lacs that he has agreed to? She doesn't have much in the bank right now. I don't know what the future holds for us but I would really love to see her secured before I move on.
Asked 2 years ago in Family Law from Mumbai, Maharashtra
1) before you file for mutual consent divorce agree on consent terms
2) consent terms should provide that husband shall pay his wife sum of Rs 8 lakhs in full and final settlement at time of filing for divorce (in alternative it can be mentioned that rs 4lakhs would be paid at time of first motion and Rs 4 lakhs at time of second motion
3) mutual consent divorce takes around 6 months and contested divorce 5 years
It is not understood from your question that whether you are concerned with her to get into legal wed lock with her or about her money to be secured from her husband.
If she is not comfortable with her married life she may call it qt by filing a petition to dissolve their marriage on the grounds of mutual consent or if her efforts fail, she may opt to file a contested divorce on the grounds of mental cruelty and non-consummation of her marriage with him.
The promise h made about returning her money of Rs. 8 lakhs, is to be believed only when it is given back by him and she encashes it. She cannot claim it legally. She cannot even file a maintenance case against him as she is employed.
She should handle the issues with care until the desired objects are achieved.
She can file for divorce on the ground of cruelty against her husband. This is the only legal recourse available to her to get separated from him. This apart, she can also file a case for domestic violence against him to claim compensation for all the domestic violence which she suffered at his hands. If her husband comes to know about her extra marital affair with you he may launch your prosecution for adultery which carries an imprisonment for up to 7 years.
MCD will be depend on the parties if he is ready to pay the amount then good, otherwise she can not claim the amount through Divorce case.
if she want her money back then she has to filed a domestic violence case against him before the magistrate court and claim compensation and right to residence.
ready to fight the legal battle if not go for MCD.
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Advocate, New Delhi
1. There are two separate issued got clubbed in the query. One is her divorce to be free to ensure that you can marry her and another is her getting back Rs.8 lakhs to be financially secured,
2. Let her negotiate with her husband and file a MCD petition mentioning a stipulation therein that he will pay her Rs.8 Lakhs before the 2nd motion,
3. She can also file a 498A & 406 complaint putting the allegation that Rs.8 lakhs has been forcibly taken from her as dowry which he should return with interest, damage and cost. She can also file a DV case against him,
4. These cases may force him to pay her the said amount and get rid of the problems once for all.
Mutual consent divorce is a good decision and in the court she can claim Rs. 15 lacs as full and final settlement amount.
Quite possible she might get Rs. 10 lacs if not 15. With this amount atleast her future will be secured.