krunal (owner) 10 October 2015

Advice request

Sir,i have been in relationship with my gf from last 7 years ,then i went abroad for my future studies and job ,when i was abroad she called me that her parent are searching boy for her .so if i dont come to india she will commit sucidie as she is not willing to marry anyone other .she had cut her hand viens and she emailed me her pic i got scared and l loved her so i lleft my job come baack to india with heavy loan pending against me .we got married in arya samaj 2013 after that we both went home and when parent got convinced we both got married agaiin in march 2014 with no dowry.after that we had some dispute with patner and my bussiness got collapased .and due to loan was pending i had suffer damages from bank also during this period.she ddint liked that and instead of convining me she blamed me and complaint me for the things i couldnt buy for her due to finanical crunch during that time .then after a month she was pregent with lot of compplexion and she deliver baby in december 2014 .delivery expense and everythiign happned at my city .after thats she went her home in another city.her parent had brainwash her and ater that she ddiint want to return my place .i went with my parent ,relavies frds went more then 25 times in 9 month we all tried to concivne her that she should come back but she has stick to own point of view she dont want to stay with me.when i give soemthing to baby they dont accept .now they are giving as treat calling if we dont give divorce that will put all allegiation against me and my family like dowry and domistic voilence and all.

1) i want to ask how maintance will be calculated i have done master degree in IT and she is mba.i have no IT reuturn since i am workng with my dad bussines supporting him.i had propertyin my name which is in legitation court case pending in court with lis pendency in 7/12 .my dad patnership bussiness also court case pending in court .i have a daughter how much maintence i have to give her and my wife she claim

2) if she files dv and 498 how to fight back ? i never did any dv with her.and we had bear all expense form baby delvers to everything when she was at my city.i bear all expenses before her marriage also like her fees for mba ,paying her parent house bills .

3) how long it takes to get divoce if she goes in court and files cases and charges agian me

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3 Replies

Laxmi Kant Joshi (Advocate ) 10 October 2015

When she is asking for divorce and if you also wants so then go for mutual consent divorce (mcd), its easy and fast divorce process within 6-18 Months you will get the divorce, for mcd you both have to make your joint mou, settle each and everything in it, after divorce you have to pay nothing as maintenance to anyone, consult an intelligent local lawyer of your area .

I walk alone (Asst Manager) 10 October 2015

See, even before going ahead with the divorce decision. Pls give a try to make the things work. Reading ur post what I understand is, the in-laws have lost faith in you. So does your wife. It is unfortunate, really. Coming from abroad, you must secure your future first. I mean your career, stable job, decent amount of money. Look bro. I'm not saying to leave what you have been doing, I believe you been to abroad for some good studies. Hence, its a time to capitalise the studies that you had done.

I'm sure, its just a lost of faith, trust & nothing else. See bro, no parent wants to see their daughter going to someone having loan and liabilities, having said that, I'm not advocating their actions against you, but now, you must act too...

They are threatening you to give divorce. Hence, it is proved, they just want to get rid of you. But ask yourself, you just wanna move ahead from the girl whom you loved for 7 years before marriage?

We all not are blessed with a good love life & now, pls dont loose it and give it another shot, believe me its worth.

Okay now, coming to divorce. Well MCD, 6 months..some alimony (one time) thats all it needs. if she files maintainence, 20 to 30% of your monthly income will be granted to her (but if you can prove she is working and you are not doing very well in your incomes, then things might ger reversed too) & sorry to tell something bro... When you had your baby delivered, its your rightful duty to bear all the expences and never even thought of putting this line to your objections or written statement, it will backfire you super badly, plus, whatever bills you paid for her/her family that was not ur duty it will be helpful just to give a good ground to stand upon thats all, but again, they can deny all these and it will hardly matter to the case.

Once again, I'm saying, its all bcz of financial in-security. Hence, prove it to her and get her back.

All the best.

SAINATH DEVALLA (LEGAL CONSULTANT) 11 October 2015

U can be assured that U nned not give maintenance to her nor the court will direct to do so,because she is an MBA and capable of earning enough for a decent living for her.SC has given directions that well qualified women cannot sit at home and claim maintenance.U have to pay for the child which U cannot avoid. As long as U don't file any case against her,be assured that she may not file 498A or DV,unless she is provoked or adviced to do so.