• Divorce after 1 year of marriage

I live in Delhi. I got married in December last year. The marriage did not last, as my wife had a lot of complains regarding my income. Which she regarded very low. She is also working, and earn more than me. Finally, since last month, we started to live separately. We consulted our own lawyers separately, and want to file for divorce in next January. It was basically her, that wanted the divorce.

At present, we are agreed for divorce with mutual consent. But I doubt her and her lawyer's intentions. They might be preparing for raising a legal battle and ask for alimony. As she and her lawyer refused to sign the MoU for mutual consent. My questions are: 

1. She was aware of my financial condition before marriage. Now, on what other grounds she can file a case against me. I do not see possible point here, that can be raised in court. But I want to know the possibilities and prepare accordingly. 

2. In case, I have to pay the alimony, I can not pay much from own income. In this case, can they put a claim on my father's property? Is there any way to safeguard this property beforehand, so that they can not place a claim on that. 

3. On what grounds normally woman can ask for alimony, even when they wanted the divorce. What can I do to thwart this claim. 

I thank you in advance for helping me out in this case.
Asked 6 months ago in Family Law from Delhi, Delhi
Religion: Hindu
1) wife will file claim for divorce on grounds of mental cruelty . Her case may be that you suppressed information of your income , gave a false picture of income before marriage 

2) since wife is working and earning more than you she would not be entitled to alimony 

3) wife has no claim on her father in law property 

4) rely upon her qualifications , work experience , income tax returns that she is not entitled to alimony 
Ajay Sethi
Advocate, Mumbai
26191 Answers
1422 Consultations
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1. Low income of husband is not a ground to unilaterally file for dissolution of marriage by wife. 

2. If she goes to court to seek maintenance then you can contest it fittingly if she has income of her own or has left the matrimonial home without any justified reason. 

3. Needless to add, mutual divorce can be filed and taken to the mutually desired conclusion if the positivity of the agreement between the spouses continues unabated from the stage of the filing of the case till the second motion.
Ashish Davessar
Advocate, Jaipur
19239 Answers
486 Consultations
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1.  She may seek one time settlement in the name of alimony for giving her consent for mutual divorce.
Actually, since she is employed and also reported to draw more salary than you, she may not be eligible for this claim but she may put pressure on you to accept her terms, you can decide based on the prevailing circumstances.



2.  She cannot claim rights over your own property itself hence she cannot legally claim any right or share in your father's property, you need not worry about this.




3.  There is no ground for alimony, it is their right as a legally married wife.  
Her employment and the salary income are the reasons by which you can repudiate her claim for alimony.




T Kalaiselvan
Advocate, Vellore
16551 Answers
153 Consultations
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