Divorce
kumar
(Querist) 29 September 2016
This query is : Resolved
I have married on 01/06/2014. on 03/06/2014 my wife said that we was married forcefully by his parents she love with a other caste man. as per his willing on 07/06/2014 we "notorised" a tlaknama and also filled a 13B mutual concern in family court which was rejected on the basis that it is not completed one year sepration period. her parents and brother sister beaten her in my house. finally on 07/06/2014 she went with her uncle. as per lawyer advice i have not done anything till one year than my parent with some relative went her house for mutual consent divorce. her father threateing us for false case and abusing us. after lawyer concent on 15/06/2015 i have filled divorce case but till date 07/07/2016 she not filled answer of petition and taking time again and again.than she filled a case for 125 interim maintanance. i have replied for interim maintanance. than she filed sec 24 of hma application against divorce.after argument of u/s 125 of crpc judge dismiss interim maintenance plea on ground that she is well qualified. i have not give answer of her plea u/s 24 of hma till date. today her lawyer saying to my lawyer that if i can ready to pay her a lum sum alimony ( amount not disclosed) she ready to take divorce. my query is :-
(1) what should i do. accept her offer and go for a divorce ( as per lawyer within 6 month i will get divorce).
(2) wait some time in hope that her plea u/s 24 will also dismiss than without paying alimony only giving her stridhan back i will get divorce
Raj Kumar Makkad
(Expert) 29 September 2016
1. Yes, this shall be better.
2. You shall have to pay alimony, the amount may get differ.
P. Venu
(Expert) 30 September 2016
In the circumstances stated, you have the option to object to application under Section 24.
Rajendra K Goyal
(Expert) 30 September 2016
1. It is better to accept offer if found acceptable.
2. You may wait till acceptable offer is received.
PARDEEP KUMAR
(Expert) 30 September 2016
It would be better if you accept the offer, if the same is within your capabilities and then go for a mutual consent divorce.
Devajyoti Barman
(Expert) 30 September 2016
Alimony is never disallowed f the wife has no source of income.
Hence I would suggest you to amicably settle the dispute.
Raj Kumar Makkad
(Expert) 30 September 2016
Ego comes within dealing matrimonial disputes amicably. Better to move ahead only in that direction. Your wife has certain legal rights which you shall have to recognize instead of finding ways to avoid that liability, own and get mutual settlement and this is the best way.
Rajendra K Goyal
(Expert) 01 October 2016
Effort through elders / society effective people / family friends / your lawyer to arrive at the amicable solution.
