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(Guest)

Divorce and money

Husband wants divorce from 498a wife

1. Do he has to give money for marriage expenses?

2. Do he has to give money for clothes etc at the time of marriage?

3. Do he has to give one time alimony based on his earnings and status?

I know her Istridhan has to be given in any case.



Learning

 9 Replies

Rahul Kapoor (Legal Enthusiast)     04 January 2013

hello,

is there a case of 406 IPC also ?

if wife is working then no maintenance.

 

regards-

rahul.gogreen@gmail.com

Tajobsindia (Senior Partner )     05 January 2013

 

Originally posted by : Dev

 

Husband wants divorce from 498a wife
Observation: Divorce without S. 498a IPC closure is not advised. However if it is MCD we are discussing here then quash of S. 498a IPC is also important before final payment in consideration of MCD is opted for. hence clarify if you want to is it plain vanilla divorce or agreement MoU based MCD we are sitting here to discuss ?

1. Do he has to give money for marriage expenses?
Take: No. Hon'ble SC has said no. of times marriage expenses spent by parties have not to return back. It is other matter metro ladies include marriage expenses into dowry list and ask for its return or money at Bail time and subsequent phase of trial too.

2. Do he has to give money for clothes etc at the time of marriage?
Take: If they were trousseau given at the time of marriage then yes otherwise no as they are priced possessions of a bride passed on from generations to next is my view
J

3. Do he has to give one time alimony based on his earnings and status?
Take: Unless we get clarity if this is MCD we are sitting on discussion or plain vanilla divorce I find it hard  to give clear opinion to this para for the time being.

I know her Istridhan has to be given in any case.
Take: Oh yes check what all were included in istridhan demand list before giving !

 

 

 

1 Like

Chetan Joshi (Advisory/Advocacy)     05 January 2013

1. NO

2. Normally not

3.If that is what is agreed to....

 

 

Regards

 

Chetan(dot)7679(at)gmail(dot)com

sri (ceo)     05 January 2013

it depends upon your financial status... open up...

if you are rich neither she will give up nor you can avoid it...

drags... compromise and close the case sooner the better...


(Guest)

How true is it ? Divorce easy for husband after 498a.

rajiv_lodha (zz)     08 January 2013

U r mistaken dear!

498a has nothing 2 do with divorce as such. Person who harasses wife for dowry is PUNISHED WITH JAIL via 498a. Court does nt give divorce 2 him this way. He is liable to punihment if crime is proved.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     08 January 2013

I fully agree that 498a has nothing to do with divorce.

 

And I like the views of Tajobs :P

 

 

 

Regards,

 

Shonee Kapoor

Msk-need -nuetral- laws (self)     08 January 2013

Rajiv, Shonee,

False 498a is the ground for divorce under cruelty ground, how is not related? Can you enlighten me, It is SC ruling in year 2010.once husband prooves wife filed false 498a it is automatic ground for divorce.

rajiv_lodha (zz)     09 January 2013

Now u say "FALSE" 498a.......in previous post u said 498a. There is a SEA-DIFFERENCE dear. Even then, its not direct that u get divorce easily after false 498s. All dependson draft of acqutal orders in 498a

1 Like

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