ankurgupta 13 March 2015

Dv filed by wife and asked for compensation.

Hi,

We have been married for around 2 years now. Marriage happened in January 2013 in Delhi. Since start of marriage, there have been issues between myself/my family and my wife. We tried resolving things in family meetings held couple of times but it didn't helped finally.

I was working with a IT firm in London at the time of marriage and lost my job just after few months of marriage. I was jobless for 4 months and then found a job in Delhi in December 2013. My wife left my house in January 2015 saying that she doesn't want to stay with me and needs a divorce. Myself and my wife signed a mutual divorce agreement on a plain paper. All this just happened just because I lost my job abroad and of-course the earning in pounds.

Now, we have been staying away for couple of months. Her lawyer tried to reach us and when we met, he asked for a huge settlement for divorce. We didnt agreed and said that we will go via court. Then few months later, she again setup a meeting with one of their senior uncle and again asked for 20 lakhs compensation for divorce - holding all false allegations and all and said they will go to court after this. We still didnt bend to their needs and meeting ended.

She has now sent a court notice (filing section 12 of DV) with all stories of false allegations, demands. Indicating that we still hold her parents gifted jewelery. She has all her jewelery infact. She has quoted my wrong salary details, wrong assets and demanded sum of Rs. 1.5 crore as compensation, 25k per month for rent (as she wants to live seperate on rent) and then 50k as maintenance. She is earning around 50K per month and is a post graduate. I earn around 80K per month. Now, the court date is next on 10th May'15.

I am single earning in family, parents are retired. My house is on loan for which I pay 35K as EMI.

I would like to know from all experienced here, what should be the further course of action? What should be done with her amount quoted in the notice? How should we fight the case of maintenance?

Please provide insight.

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5 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 13 March 2015

Dear Querist

Fight the case on merit with the help of a lawyer if you think that you are able to fight your case yourself then there is no need of any lawyer.

file the reply along with the detail income and assets affidavit and also get the detail affidavit from her too in which she should mentioned all the true and real facts regarding her income, salary, expenses, assets and savings by all means.

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India) 13 March 2015

Sir, Has she withdrawn her mutual consent ? On what ground ? Was there any settlement deed between you and your wife when you have applied for MCD ? Please answer the above questions... These questions have the answer to your query.... Regards Kapil Chandna Adv 9899011450

Swastik Nath (Freelance Lawyer) 13 March 2015

If you can prove that she is well qualified and is earning good enough, and she had left you earlier on petty reasons and also agreed for MCD, then you can avoid alimony.

ankurgupta 13 March 2015

Hi,

We did not apply for MCD via court. It was just a mutual agreement between us on piece of plain paper - signed by both of us in presence of our parents. Then in further meetings with her lawyer and her so called uncle, they demanded for compensation which we denied for.

Hence, she filed DV and now, we received request letter from Women's cell against some complaint.

Please advise on necessary course of action.

Thanks.

Swastik Nath (Freelance Lawyer) 14 March 2015

If a DV compliant is lodged , a protection officer , mostly female will pass restraining order and will ask you both to reconcile.

As i mentioned earlier if you can prove that she is earning well and is educated enough to take care of her needs then the petition for maintenance or alimony can be avoided at court.

you just produce all relevant documents before the judge with a learned advocate.