Conditional divorce

Self service (Querist) 21 August 2011 This query is : Resolved
Dear Experts,
Husband filed divorce under 13(1) cruelity basis. Respondent wife asked in written reply ready for divorce in liu of payment of xyz amount. Reconciliation failed and on next date for statement submission wife repeated same in court, that she is ready to accept divorce on payment of huge amount.
Judge ignored all demand and gave another date.

I want to know expert advice, is such demand is correct? Can some one "buy" diovrce? Also judge has taken note of it what will impact on whole case?
Please advice.

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Devajyoti Barman (Expert) 21 August 2011
There is no question of 'buy' when the law itself provided for alimony at the time of divorce.
If you do not agree to her demands then proceed with your case further.

Guest (Expert) 21 August 2011
this is not the question of buying or seling? if the divorce is given even with the consent of the spouses than also it is mentioned that all the belongings have been exchanged and compensated in that case also the divorce is given.
you proceed with the case as suggested by Devajyoti

sanjeev kumar goel (Expert) 21 August 2011
i agree with mr devjyoti n mr bishnoi.

M/s. Y-not legal services (Expert) 21 August 2011
There is no way for condition divorce.. Since the respondent wife is ready to divorce the petition will be allowed automatically. If she need money for her day to day needs mean she have to file a separate petition for maintenance. Thats differ proceedings. Never court will allow divorce with condition.

Self service (Querist) 21 August 2011
Thanks for all just to add fact respondent wife is earning well @ 50,000 per month and money she claimed is her earnings withdrawn from joint account, where her earnins are not at all near to her claim.

M/s. Y-not legal services (Expert) 21 August 2011
Not like that. If she have sufficient earning mean she is not entitled to claim maintenance. But the burden of proof about her salary is your's.

prabhakar singh (Expert) 22 August 2011
I AGREE WITH Experts : Devajyoti Barman and others.

As DEMAND made is recognized by law, only its' QUANTUM is justified or unjustified would be assessed by the court itself having regard to circumstances and facts brought before court by parties.Maintenance can be awarded even to an earning spouse who is able to prove that those earnings are insufficient and the counterpart has a greater surplus to meat the deficiency.

valentine thakkar (Expert) 23 August 2011
Wife's demand and condition are quite legal. The court has to decide about the custody and maintenance before granting the divorce. I have got decrees of divorce with the condition that the husband would pay such and such amount and the wife will have no right to claim maintenance in future etc.

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