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Krishna   28 July 2016

Claim after mutual divorce

Hi,

I had married on 2011 in Kolkata and I have transferred to Mumbai on 2012. My wife did not came with me and she was staying in Kolkata for 4 years and having relationship with 3-4 guys (as per my knowledge and proofs are with me). She got pregnent in 2012 during my absence and I came to know later. I went to Kolkata for and aborted after consulting doctors. Then I shifted permanently to Mumbai but still she stayed in Kolkata. We were separated for last 4 years and I beared her living cost for 4 years.

We got mutual divorce on 2015. She kept all our ornaments and some furnitures along with her but the furnitures given to us from her family remain in my paternal house. Now after 1 year I got married again and she is claming her furnitures along with alumni now. She is not ready to give my furniture and ornaments (i.e. given by my family). My parents are getting threatened from her family that they will file a case against us. She will be unmarried for rest of the life and I have to pay the alumni for rest of the life. Can they do this legally? Please suggest me.

Regards,
Krishna



Learning

 6 Replies

Kumar Doab (FIN)     28 July 2016

You may consult a very able counsel at Kolkota with all case related papers.

Saket Bisani (King)     28 July 2016

Alot of it will depend on the settlement deed you both have entered into, at the time of divorce. Ideally you should consult a lawyer with the papers to guide you.

(Guest)
As far as I know, once an MoU was drafted and attached along with the MCD petition and both parties fulfilled their part of the agreement (e.g., husband paying off the agreed amount of alimony), then no future claims for more alimony will be entertained by courts.

Nitish Banka (lawyer)     28 July 2016

It depends on the mutual consent terms and MOU, the claim will fail as divorce was mutual one and she is not your wife so she cant claim maintainence and alimony.

warm Regards

Nitish Banka

 

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law)     28 July 2016

She can claim maintenance u/s 125  Crpc despite having relinquished the right to do so at the time of the mutual consent divorce.

Read the judgement of Geeta Satish Gokana vs Satish Gokana Shankarao Gokarna AIR 2004 BOM 345

Also Ankush vs Sau Ranjana & Anr. Criminal writ petitio no 676/2013

Bombay High COurt ,Nagpur bench.

If you want I can take a look at the mutual consent petition and give you an opinion as to whether she will be entitled to maintenance or not.

Augustine Chatterjee

Advocate & Solicitor at Law

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aarjun vhajage (Lawyer)     29 July 2016

ITS TOTALLY DEPENDS UPON YOUR SETTLEMENT DEED AND AFFIDAVIT WHICH SHE FILED IN THE COURT AT THE TIME OF MCD. BEST WAY.............TO CONSULT WITH LOCAL LAWYER. 


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