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Krishna   30 November 2017

Divorce petition

I have filed a divorce petition on the grounds of cruelty and cheating in april 2017. Later after knowing this my wife filed a divorce petion, custody of the child, on time alimony in same petition under HM act in different court as per jurisdiction in June 2017. 1. Can she file  custody, alimony under HM act 13(1) ?. 2. Shall I have to pursue both the cases or fight my case or case filed by her?. I'm a doing small business, how alimony will be determined, is the onus on them to prove my income?



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 6 Replies


(Guest)

You question is unclear.  You talk about jurisdictoin. you have not told which district you are from, where you filed the divorce petition, and have not mentioned your wifes divorce pettion details also.

Howver you say yo uhave been asked 1 time settlement.

You also say you are doing a business.

Court may order you or suggest you to pay 5 lakhs in one shot.

or if your wife shows your income more, then she might want more than 5 laksh aslso. but finally it is you who pay, and only yo u know how much you can pay. Greedy wife and hapless husband who cannot pay = no divorce.

Do some chaukaasi/bargaining with wife and see how much she wants.  Dont simply go and stand i court like a pillar, nor let your advocate who is only in for money or commissoin do the talking.  Advocate will suggest something, but that much you should be able to pay right?  You arrive aat a decent price for your freedom yourself, quote the same in front of judge yourself and see how things go. Eventually if you want quick divorce, you need to buy divorce ticket at the price your wife tells.  So literally nothing is in your hands, your hair is in your wifes hands.


(Guest)

You question is unclear.  You talk about jurisdictoin. you have not told which district you are from, where you filed the divorce petition, and have not mentioned your wifes divorce pettion details also.

Howver you say yo uhave been asked 1 time settlement.

You also say you are doing a business.

Court may order you or suggest you to pay 5 lakhs in one shot.

or if your wife shows your income more, then she might want more than 5 laksh aslso. but finally it is you who pay, and only yo u know how much you can pay. Greedy wife and hapless husband who cannot pay = no divorce.

Do some chaukaasi/bargaining with wife and see how much she wants.  Dont simply go and stand i court like a pillar, nor let your advocate who is only in for money or commissoin do the talking.  Advocate will suggest something, but that much you should be able to pay right?  You arrive aat a decent price for your freedom yourself, quote the same in front of judge yourself and see how things go. Eventually if you want quick divorce, you need to buy divorce ticket at the price your wife tells.  So literally nothing is in your hands, your hair is in your wifes hands.

P. Venu (Advocate)     30 November 2017

Please post all the material facts.

Adv Radhika Mehta (Advocate)     30 November 2017

Originally posted by : Krishna
I have filed a divorce petition on the grounds of cruelty and cheating in april 2017. Later after knowing this my wife filed a divorce petion, custody of the child, on time alimony in same petition under HM act in different court as per jurisdiction in June 2017. 1. Can she file  custody, alimony under HM act 13(1) ?. 2. Shall I have to pursue both the cases or fight my case or case filed by her?. I'm a doing small business, how alimony will be determined, is the onus on them to prove my income?

Yes your wife can claim custody and alimony in a Petition for Divorce as they are ancillary reliefs.

Most likely, she will approach the SC to get your case transferred to the Court where her Petition is being heard as it is pertinent that both Petitions are clubbed and heard together to avoid multiplicity of proceedings.

Courts generally do not grant lumpsum alimony. A monthly maintenance may be awarded to her. For deciding that, your both income, your standard of living, number of dependents etc will be considered. 

Dr J C Vashista (Advocate)     30 November 2017

You have stated to have filed a case for divorce, conversely, your wife has also stated to have  filed a petition for divorce? Is it true story or joke?

Vague subjective question paper without relevant information.

 

1 Like

Dr J C Vashista (Advocate)     30 November 2017

You should (rather must) submit your "like" or "dislike" in acknowledgment of the obligation of FREE SERVICE provided by the experts on this platform.

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