RCR/Divorce/Mediation Urgent Advise

Querist : Anonymous (Querist) 15 January 2011 This query is : Resolved
If husband is spending on all the household and other expenses including fee and other expenses of child of wife (from previous marriage) and she left the house just for forcing for adoption of her child from the previous marriage.

What should husband do ?

He tried his best directly and through relatives of wife but she is not ready to come until adoption is done.Adoption was not discussed before marriage. Husband is ready to do adoption but once the relations are normal and is ready to give it in writing.

We has left 10 months ago and she and her parents are not ready to compromise.

What is the best option Mediation/RCR/Divorce.

She was creel also to the child of husband and husband also.

But since this is a second marriage husband wants to resolve but wife is not ready.,

Please advise what is the best and speedy option without payment of maintenance.

She has Rs.20 lacs in her fixed deposits and she is earning around 20,000 per month.

No child from this marrige.

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Raj Kumar Makkad (Expert) 15 January 2011
In the given facts, husband should keep mum till wife herself comes to him for mutually agreed compromise. Wife is only entitled for the grant of difference of maintenance for herself from her second husband considering the income of husband and interest income of wife. Child has no maintenance right from this father.

Devajyoti Barman (Expert) 15 January 2011
The negotiation seems to be the only solution.

Amit Minocha (Expert) 16 January 2011
This query is a repeat query with twisting of language this time but facts are same.

However, to answer again RCR/ Divorce are totally two extremes and cannot be named as option. Option with you will depend upon whether you wish to live with her or you want to depart.

You cannot avoid maintenance as you are legally the father of the child. If you want to resolve then you should avoid payment for the child.

N.K.Assumi (Expert) 16 January 2011
I share the same view with Amit.

Querist : Anonymous (Querist) 17 January 2011
Amit Ji,
The child is from her previous marriage so how can i be responsible for payment of maintenance to that child.

Moreover she had taken life time maintenance/alimoney for herself and her child in the first divorce and the same is written in the petition.

I think court will definitely see all these facts.

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