On what basis A Husband can file Divorce?

Sir,

I feel her behaviour somehow falls within the four corners of cruelty (because she is backing of from the agreement that must have been entered between you when you guys must have settled the things and moved for the first motion) and she is just trying to take the undue advantage of your co-operation.

Yes the education and bringing up of the child would be a contribution from both the parties and if she keeps the custody of the child then she will be more responsible for the upbrining of the child and yes you can pay through a demand draft which will be matured as and when the child attains the age of 18 years (which the trend these days being adopted by the courts genrally so that the money paid for the welfare and marraige expenses especially in case of a girl child may not be misused for some other purposes unless she attains the age of 18 years).

I feel if she is doing well finacially, then court will not insist you to pay 25 lacs unless you yourself commit before the court of law to bound yourself with this amount.

I hope you guys must have mentioned some amount as full and final when the first motion was made and an agreement to that affect was made between you and your wife, so better stick to that amount only.

Try appraoch her again and again and keep a record of her as to why is taking a different stand at this stage without any rhyme and reason.

Warm Regards

Kapil Chandna Advocate

9899011450

@Amit - 

Kapil Sir gave good advice.

By the time you came back home, she would got an admission letter from Australia and She is preparing to leave to Australia ASAP. She doesn't want the child too.

Sep 15. Ask her to attend the Court and let the Second motion complete. Get your divorce.

Please don't commit you will pay 25L. Use it for your Child's welfare.

Again if you file new divorce it will take your time roaming around courts.

What shall it profit a man if he gains the whole world but loses his soul?

1. When the MCD is not dispossed off where does the concept of fresh divorce arise?

2.U said 25L for child is no problem,why deviate from it?

3.Contrasting behaviour of UR wife should not be taken lightly,may be some thing is in store.

4. There are many avenues to spoil the brain of the wife,in dragging the matrimonial home to the courts.

Thanks Mr. Kapil and other experts, during the first motion there was no settlement amount and all the jewellery given by me and my parents was is under her custody only and the same is mentioned in the MoU. Regarding Child she only requested to take custody till second motion because of social reasons and later on she will hand over the custody to me as told verbally by her. In the MOU of our first motion only two lines are mentioned that “I can take my daughter for 10 days after every six months with 24 hrs prior intimation via sms”. All the matter of Rs 25L and child custody is raised as a response of absence on first motion. Even then I am fine with this condition also. But now also she don't want to give Divorce.

Because of 25L I have to sell my house, Request every one on the forum for guidance.

@Amit - Don't give divorce. Tell in the court that I don't want to give divorce. Let her come for divorce and then she should agree with your terms and conditions if she wants divorce.