Divorce after 5 years of marriage
I'm working in. A public sector bank and earning 42000 as gross salary. I'm married for 5 years now and have 4 year old girl child. My wife is not interested in marriage life and we are desperately living for past 6 months. She is also working and earning 20000 salary. She want to file for mutual consent and asking for compensation of one time settlement of 30 lacs. I don't to divorce her and want to live for sake of my daughter. She has filed domestic violence case against me in court. How do I deal this and proceed.
Asked 6 months ago in Family Law from Coimbatore, Tamil Nadu
Try to collect evidences to prove that she demanded Rs 30 lacs as one time alimony and also forcefully trying you to sign a mutual consent divorce and non compliance of her demand has resulted in filing a DV case against you. This can be audio/ video recorded by you if it has not been done earlier.
2. The above evidence or any other will be helpful to you to protect yourself in DV case.
3. No fault divorce is not granted by Court and therefore if there has been no perpetual cruelty against wife then it would be difficult for her to get a divorce by your wife.
4. If you don't wish to give divorce then contest DV case on merit.
1) dont bow down to black mail tactics . refuse to pay Rs 30 lakhs demanded by wife
2)agree for mutual consent divorce with joint custody of child
3) contest DV case on merits . it would take around 5 years for case to be disposed of
1. Unless there is a positive agreement between the spouses there can be no mutual consent dissolution of marriage, which leaves her with only one remedy i.e to file for contested divorce. You may on your part file for restitution of conjugal rights (RCR) to seek a decree against her for resumption of her conjugal duties.
2. Contest the domestic violence case fittingly in the court. The onus to prove the commission of domestic violence is on her, which she has to discharge by leading cogent evidence in the court.
Fight the domestic violence case on merit and try all possible way to settle the matter and saving this marriage for the sake of your daughter's future, like mediation, counseling, personal meeting with relatives and friends.
without your consent she can not get divorce by the court without fighting which may take more then 5 years.
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Advocate, New Delhi
If you are not interested in giving divorce to her, refuse the same.
You do not have to give one time settlement of such a huge amount, there is nothing that you can spare for her because it is she who is opting for divorce and not you moreover she is earning a income of Rs. 20,000- hence you may repudiate her claim.
You can challenge her domestic violence properly in the trial court.
1. Refuse to sign the MCD petition and pay for the compensation as demanded by your wife since it is she who has asked for the divorce and not you and there is no reason for your paying any compensation to her since you did not ask for the divorce.
2. Contest the DV case filed by her in the Court fittingly.
3. Since she is employed, she is not entitled to any maintenance from you.