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sensitiveman (executive)     28 July 2012

Divorce!!!

Hello All,

Wife filed Divorce under section 13 of HMA on the grounds of cruelty after 11 months of separation. All false allegations were inserted and she is demanding the maintenance for our small kid which i am happy to provide but she is asking for monthly rental amount and that too in a posh locality. She is also working and earning more than 35k per month and has also mentioned in the divorce application. She has also given a list of streedhan which is also false as she has took lot of our articles while leaving the matrimonial home.

My main concern is that she has attached govt. hospital certificate in which all the family members name has been mentioned with respect to physical torture which is totally false but i am really shocked that how can the govt. authorities can do so without any investigation. Also, I am planning to file the custody of child and child access.

I would request all the learned experts to guide as to what should be my next course of action as even i m open for divorce.

Thanks & regards.

SM



Learning

 2 Replies

Tajobsindia (Senior Partner )     28 July 2012

1. If you are ready for divorce then donot contest the divorce except basics required as per Law and let her get a decree.
2. If she is working then she is not eligible for maint. Child maint. is co-extensive (shared) if both parents are working.
3. Person who claims the stridhan is with you has to prove that it is with you with valid list as per Law. She cannot say after taking them away that my husband forcefully snatched Taj Mahal that I brought from my natal home and ask him to return it back to me. Anyhow stridhan proceedings under HMA (i.e. S. 27 HMA) is taken at the time of passing of decree so if you speed up divorce and she succeeds in getting decree your maint. amount payment schedule will come to lesser months instead of contested divorce plus clarity on stridhan will be there faster.
4. Under
HMA she cannot ask for "alternate residence rights" The rental of residence is in-built into maint. if any awarded to her which is not the case in hand as she is working.
5. She has done an independent medical at a
Govt. Hospital to establish her cruelty case. It would be good to cross examine the Dr. by witness summoning him/her to Court.
6. Custody application can be filed and now as per Mumbai HC direction it has become very speedier to get visitation and shared parenting plans approved by a Family Court. See latest notification of HC on visitation / child custody. Read under Family Law files section two docs of Mumbai HC direction on this subject. 

1 Like

sensitiveman (executive)     29 July 2012

Dear Tajobs India, I am really thankful to you for giving such valuable suggestions. I always admired your suggestions which you gave to other victims and found out that you have a deep knowledge on family laws. I would request you that you keep continuing such a noble service for helpless victims. Finally, I would be your admirer throughout my life. Thanks again !!!

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