Wife compelling for mutual consent divorce
We have been married for 2.5 years, it was a love marriage. There were family and ego issues between the families before marriage due to which families are not in talking terms. Post marriage, wife-mil started have issues related to kitchen and small arguments. Due to which she left the house in 6 months. We stayed in rent for a year post this and there were daily fights due to small issues leading to which I left the rental house and went back to my home and wife went back to her parents house. I tried to convince her to come back since last 4 months but never agreed fearing issues with mil again. Now she is compelling for Mutual consent divorce and asking for 10 L as marriage expenses. I refused it and is now contemplating to file divorce for falsely accusing my parents in dowry harassment and mental harassment.
I agreed for mutual consent but said can't pay this much money. I'm thinking of engaging a lawyer from my end rather than going ahead with 1 lawyer for MCD. Kindly advise way forward.
Asked in Family Law from Greater Mumbai, Maharashtra
You are free to reject the proposal for MCD and file for divorce on your own accord on the ground of mental cruelty. If your parents were falsely accused of dowry harassment then it is an instance of cruelty. Her claim to maintenance can also be contested by you if you can prove that she was not subjected to any act of domestic violence.
1) divorce by mutual consent is best option . it takes around 6 months
2) contested divorce would take around 5 years
3) in the event wife files for divorce you should file detailed reply denying all her allegations
4) in case wife files 498A obtain AB from sessions court
If her conditions for mutual consent are not acceptable to you, inform her that you cannot accede to her request for the exorbitant demand of money, well if she is okay for any lesser amount that you may afford shall be okay for you for MCD, if not tell her to go for contested divorce and you challenge the same properly.
You can engage your own lawyer either way.
1. First you shall have to decide as to what do you want with his relationship,. Do you want to continue with it or terminate it?
2. If you want to terminate it, then MCD the best option if you can negotiate with her for settling for a more affordable amount towards compensation for her signing the MCD petition and pay only 10% of he areed amount at he time of fling and balan 90% at he Court during the final hearing,
3. If no compromise can be achieved, file a divorce suit on he ground of cruelty after collecting all evidence of her cruel acts on you.
I audio recording, emails and what's app messages as evidences wherein i tried to convince her to come back. Also call recordings as evidences where it is mentioned that she would file litigation if don't agree to mutual consent by paying her agreed amount.
I just want to know staying the above, can I keep my own lawyer for MCD as well? I don't want to drag this and want to finish asap and move on. Thank you all.
Asked 11 months ago
1. You can certainly engage a separate lawyer to epresent you in he MCD case,
2. In MCD petition all terms are pre-agreed and here is no much role to be played by the lawyers excepting in vigil/guard for his client's interest.
You can engage your own lawyer in MCD
2) MCD takes around 6 months
You are free to engage your own lawyer for MCD instead of both of you engaging one lawyer.
You can always be supported and advised by your own lawyer, it is not essential that you listen to her lawyer, you may reject the offers made by her lawyer and confide in your lawyer's advise on the issues to be solved
You can engage your own lawyer for this MCD too, it is legally valid..