AbyChan (Student) 26 February 2012

Help: divorce or not to divorce...

Hello,

I am a foreigner married to an indian wife, but my marriage is not consumated, i.e. she is still a virgin.

She is in India, while I am overseas.

My wife is threatening me to file for divorce, alimony and maintenance till she re-marries (perhaps never - which means I will pay maintenance forever). She is well educated (has a Masters degree), but unemployed at this time.

One lawyer told me that I should divorce her and give her the divorce and 3 months maintenance for iddat period, and she will not be able to claim maintenance after the divorce.

Another lawyer told me that I should wait for her to divorce me, and claim in my defence that the marriage is null and void because the marriage is not consummated.

Can anyone please help/advise me which course of action should I take?

Please help,

Aby Chan.

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4 Replies

AbyChan (Student) 27 February 2012

None of the Lawyers here seems to have a correct answer for me.

Seems I just have to take a chance and choose 1 or 2:

Either give her divorce in which case the court can give her alimony + maintenance;

I wait till she files for divorce or maintenance in which case my defence that my marriage is null and void can be rejected and the court can still give her alimony + maintenance.

Does any lawyer here have any idea which is the best way to go?

Is the Indian family law a 50-50% chance in the hands of the judge?

Please, if anybody can help point to clear direction, I will really appreciate it.

Please help,

Aby.

Nandha (NIL) 28 February 2012

@ Abychan,

in divorce cases, the more you delay, the more your suffer..! Not suggesting from the law point, but from experiences and reading a lot threads from this forum!

peace!

nanda