mkc (engineer) 13 November 2013

Clarifications required in mcd

Sir, Please clarify me following things

1. We decided to go on for MCD. and we have arrived at giving some amount to wife. my in laws are insisting that i give money before divorce. do i need to give money before divorce? they are asking not to write amount in terms of divorce and write as nil settlement in terms. is it safe? can i make settlement before divorce?

2. after filing for MCD in court , can they change terms wrt to maintenance before 2nd appereance? is it allowed?

3. My in laws are threatening me that if i dont agree to pay settlement before divorce, they will demand 50 lak as alimony? please suggest me how alimony is calculated? i am working and having a salary of 45,000 pm. my wife is not working now, before marriage she used to work in software firm and now she is pursuing pg in engg. also is the financial status of in laws considered? my in laws are very rich and she is in very better financial position than me? also we stayed only 2 months after mrg? and no children? kindly advice? is paying lump sum better or monthly. i am sure she will be remarried soon after divorce? what is better option?

4. further what should be the place of filing for divorce. they want it to be filed at the present in laws place? i dont want to do ter since my in laws are in influencing position ter. also the marriage didnt happened ter. and we never stayed togeather at that place?

kindly advice

Reply Follow

2 Replies

Raja_498a Victim (Manager) 13 November 2013

Alimony is decided on the basis on duration of marriage, kids and financial status of both.

Just because your wife is asking 50 Lakhs, court will not grant.

Don't ever give money before divorce rather go for percentagewise, like once divorce is filed 10% then first motion passed then 25% and once decree is passed remaining amount. You can talk to your laywer for better view.

So don't worry, ur wife will ask moon also as alimony, it will be decided on merits. Just be strong, since you are male, you need not worry about Bi*ch demands.

(Guest)

Hi there....

Originally posted by : mkc

Sir, Please clarify me following things

1. We decided to go on for MCD. and we have arrived at giving some amount to wife. my in laws are insisting that i give money before divorce. do i need to give money before divorce? they are asking not to write amount in terms of divorce and write as nil settlement in terms. is it safe? can i make settlement before divorce?

Doing like that will be idiotic. Let her sign papers on second motion ie second date of appearance sign papers on such date, take money, and part ways. NEVER PAY ANY MONEY BEFORE YOU FILE FOR DIVORCE.

2. after filing for MCD in court , can they change terms wrt to maintenance before 2nd appereance? is it allowed?

Once they file any written statement in court for divorce proceedings, they cannot change it over and again. But what they can do is, THEY MIGHT JUST REFUSE TO TURN UP ON SECOND MOTION.

3. My in laws are threatening me that if i dont agree to pay settlement before divorce, they will demand 50 lak as alimony? please suggest me how alimony is calculated?

aLIMONY is calculated as 1/3rd of take home salary ie gross income minus expenditure = take home salary. on that 1/3rd you are liable to give as maintenance.

also is the financial status of in laws considered?

YES.

my in laws are very rich and she is in very better financial position than me?

Ask for appointment of Court Commisioner who will get her income details as well as immovable property details.

is paying lump sum better or monthly.

Paying lumpsum in one shot is always better. As you never know when your circumstance will change and when your wife will file for execution of arrears of alimony, paying monthly is really a headache and there is always scope for female to tell she did not recieve alimony for such and such month even after recieving it wired or cheque etc. Monthly you will have to pay util she remarries, but once you put out conditions and pay in lumpsum, you need not pay money even if she does not get married again at all.

i am sure she will be remarried soon after divorce? what is better option?

Explained.

4. further what should be the place of filing for divorce.

The last place of residence of you both or the place of marriage.

they want it to be filed at the present in laws place? i dont want to do ter since my in laws are in influencing position ter. also the marriage didnt happened ter. and we never stayed togeather at that place?

kindly advice