Divorce
vs
(Querist) 19 December 2009
This query is : Resolved
Dear experts,
I am from U.P.
at present i m in a central govt. job in an other state.
my marriage was held in 2007.under HMA
But due to the affairs of the bride, she did not accepted me after marriage. and went to her parents home.
Still she is there.
at present she is demanding Rs. 800000 towards divorce.
It is my good luck that no case/FIR filed by her.
But her side lawyers are saying that they will not allow her to sign her till the amount is not paid.
they are not ready to give divorce by mutual consent.
They are saying that U/s 13 of HMA will sent a notice and then divorce be given so that it is possible to make all things in 2 months only.
The amount is to be given to third party.
Is this right for us (groom side)?
Can the bride will be able to impose 498A after divorce under sec. 13 if the bride side files case u/s 13 on the ground of "misunderstanding" and not of CRUELTY ETC.
What should we do?
Thanx
Arvind Singh Chauhan
(Expert) 19 December 2009
Settlement is better if it can be. But beware of cheating and settle the matter legally. Otherwise it is hard to fight for husband. Bride can not make allegation of 498A after divorce.
Adv Archana Deshmukh
(Expert) 19 December 2009
Insist them to give divorce by mutual consent, in case of settlement.
kranthi kiran
(Expert) 20 December 2009
Better to apply for divorce with mutual consent. Let the Court to declare that,the so payable/demanded amount as a permenent and toal alimony towards maintainence. Once the Divorce is granted , the question of 498-A does not arise.
Sukhija
(Expert) 20 December 2009
I agree with above views and advice given, more precisely with Expert Kiran P.V.
Binod Kumar Mishra
(Expert) 20 December 2009
Dear VS,
please go for a mutual consent divorce in terms of rule 13(b) of HMA but note one things if you go for this then it is obvious that your so called wife has to sign the compromise agreement and without taking money she won't do this and the sword of flase 498-A will hang on you and believe my friend you will not be able to fight the so called false case. this is my experience as being sufferer and also a central government employee.
Never give a single penny to any third party, they will cheat you. if you have to give something give the amount to your wife by way of draft of by depositing the amount in her account. after divorce there is no relation between you both as per HMA, so question of 498-A will not arise.
but my friend be careful while dealing with such things. if you need any help from me then please give me a message.
Poonam Upadhyay pathak
(Expert) 20 December 2009
