Divorce-objection/conciliation stage

Socialist12 (Querist) 07 January 2014 This query is : Resolved
RCR filed and mediation failed because My wife did not want to join me though I agreed for her demand that I should rent a separate house for us to live but she demanded 25 lacs maintenance for the 3 year old child. She stays at her house in the same city with her parents. I have a flat bought on bank loan and EMIs are being paid. The opposite lawyer tells that sell the flat and give 50 percent of the sale money to my wife(half the property). Is this argument by the opposite lawyer tenable.

After RCR failed, I filed Divorce petition against my wife under cruelty and attended couple of mediation process which have also failed.

Now Objection/conciliation stage proceedings in the family court. Do not have an idea of what objections my wife will file. If the experts can give an idea of what it could be I will be thankful to them.

I am unemployed and no income whereas my wife is lucratively employed in a IT major. Can I file maintenance case against my wife and what will be the maintenance amount.

Thanks

Socialist12

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Devajyoti Barman (Expert) 07 January 2014
Yes, you can file petition for alimony.
It is wastaare of time to presume her line of defence as it is not going to help you in any way.

Rajendra K Goyal (Expert) 08 January 2014
Wait and see the steps from opposite side.

It seems that the flat is in joint name as the Bank would not have sanctioned loan if you are unemployed i.e. having no repayment capacity.

ajay sethi (Expert) 08 January 2014
you must have been working in past . no bank would sanction loan to an unemployed person . how are you paying EMI ? what are your qualifications