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Akshata (E)     09 August 2013

Husband demanding money from wife for divorce settlement

Hi,

My work colleauge works in a IT company and was forcefully married to a relative of hers who works as a sales rep in a car company. He earns good for himself and is well settled as well. She was against the marriage from the beginning and till date (4 years) of marriage they have not had any physical relationship. She has applied for divorce last year.

During settlement he husband is demanding for 50k and the husbands lawyer 20k and my friends lawyer are demanding another 50k to settle the divorce. My friend wants a divorce and wants to move out of the city to avoid all the family pressure.

My question is, is there a law where a husband can demand and lawyers can demand money to settle the case. What can my friend do in this scenario, does she have to go to a different lawyer is there a law which she can count on and avoid making the huge payment.

Please suggest.



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 10 Replies

Ranee....... (NA)     09 August 2013

This happens in Mutual consent divorce where generaly women ask money from their husband.If your friend desperately needs divorce then 50K is not a big amount.No need od two lawyers in such case for both the party.

adv.raghavan (Advocate,9444674980)     09 August 2013

yes both can file petition under HMA 24 FOR INTERIM MAINTENANCE, OR 25 FOR PERMANENT  MAINTENANCE, provided the respondent should be incapable tio earn on his own . in this case he is working for car company produce  all documents in the court and nullify his claim.

Akshata (E)     09 August 2013

Thank you Sir, in this case they just want to grab money from her. Husband is claiming for the money he gave for TV and Fridge and some gold. I will convey this to my friend.

Ranee....... (NA)     09 August 2013

You can't force the husband to divorce his wife.He is not asking maintenance money which can be nullified with his income proof.He is asking for settlement money  which is a mutual matter.


(Guest)

Here the question of 24hma and 25 hma doesn't arise until or unless the matter doesn't go to court for contested divorce.

 

As per your query husband is asking money for his electronics items that he had purchased along with his deemand to get you free.Meanwhile both side advocates are greeady leach beggars who are just opening thier mouth for taking adavantage of your freinds urgency.

 

Simply tell your freind to give all electronics items to him or pay the prices what he asked atleast her 4 years dead marriage will be coffined with mere 50k. No need to pay the lawyers.Just have mutual talk with husband and hire a common lawyer for mutual divorce.The things will smoother and cheaper for your freinds freedom.

 

A sufferer..

NGOKC (pm)     09 August 2013

1) Lawyers are only asking for fees which they have a right to as per lawh sides

2) Amount of fees asked by the lawyer is not reeqd in her case if she and husband go for MCD , they can get a junior lawyer to file for divorce  10 to 12 thousand and that may be enough for both sidess

3) In MCD it is mutual settlement 50 k is not much to aavoid hassless, otherwise she may be locked into this for long while. 50% of settlement is given on 1st motion and 50% on second

 

If she goes for contested divvorce, she will end up paying lakhs to lawyers and in other expenses


(Guest)

First time I have heard that a Husband is asking money to Divorce his wife. isn't it funny?

Shantanu Wavhal (Worker)     09 August 2013

Originally posted by : Akshata

Hi,

My work colleauge works in a IT company (means well educated and now having good salary) and was forcefully married to a relative of hers  (should we believe this ??) who works as a sales rep in a car company. He earns good for himself and is well settled as well. She was against the marriage from the beginning and till date (4 years)  (amazing ! isnt it ?) of marriage they have not had any physical relationship. She has applied for divorce  (on what ground ??) last year.

During settlement he husband is demanding for 50k and the husbands lawyer 20k and my friends lawyer are demanding another 50k to settle the divorce. My friend wants a divorce and wants to move out of the city to avoid all the family pressure (in courts, denying divorce is rule and granting divorce is exception) .

My question is, is there a law where a husband can demand and lawyers can demand money to settle the case (mutual settlements happen on Mutually Agreed Terms. there are no separate LAWS for Mutual Settlement.) . What can my friend do in this scenario, does she have to go to a different lawyer is there a law which she can count on and avoid making the huge payment.

Please suggest.

 

1. she can return the husband's goods back to him / pay him equivalent

2. she can settle through MCD route / continue proving the grounds made out in her divorce petition.

3. marriages should not be taken so easily.

Adv.Vandana Vaidya (Advocate & Regd. Patent Attorney)     09 August 2013

However, in your case if the mentioned demand is out of court discussion, then it is your call to decide, if you want a divorce without prolonging the case, Rs.50 thousand is not much to settle the divorce.

NGOKC (pm)     09 August 2013

@friends don't be surrprised I know of a gentleman who extracted 10 lacs from wife for MCD .

 

Our laws make it difficult for anybody to divorce.

 

Its rare but yes sometimes this also occurs

 

This incideent was 4 years back


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