divorce and alimony
Guest
(Querist) 19 February 2009
This query is : Resolved
sir/madam,
my friend who is Indian born Hindu living in Australia holds Australian citizenship got married to an Indian girl last year who is christian now he took her to Australia with him and they staying there together however his wife now wants a divorce on the ground of adultery or cruelty citing that my friend is having an extra marital affair and has stopped having any physical relationship also,she wants to come back to India and file a divorce case with the heavy compensation and alimony.i would like to know how my friend can save himself from such allegation and compensation suit?
Thank You.
sanjeev murthy desai
(Expert) 19 February 2009
If she file a divorce case against him your friend has to prove that there is no adultry and cruelty and extra marital affairs. If she is working and she is capable to maintain her life herself there is no need to give the any compansation to her.
please clarify,
Your friend status- he want to live with her? or he want to divorce?
they have any children?
Guest
(Querist) 19 February 2009
Thank you very much for your reply.my friend also wants divorce but is hesitant because of social stigma also because of financial damage.Now him being an Australian citizen will make any difference?? and they don't have any children looking forward to your advise,highly appreciate it.
Guest
(Querist) 19 February 2009
Thank you very much for your reply.my friend also wants divorce but is hesitant because of social stigma also because of financial damage.Now him being an Australian citizen will make any difference?? and they dont have any children looking forward to your advise,highly appreciate it.
PALNITKAR V.V.
(Expert) 19 February 2009
If your friend is willing for divorce, it is better to have divorce by mutual consent. That will save your friend from any stigma as well. As far as maintenance part is concerned that also can be settled by mutual consent.
Kamlesh soni
(Expert) 20 February 2009
I do agree with mr.palnitkar
Guest
(Querist) 20 February 2009
Thank you so much all of you for the advise,i highly appreciate your time and advise.
A. A. JOSE
(Expert) 20 February 2009
While I fully agree with the view expressed by Mr.Palnitkar, I would also urge you to think about the plight of the girl who married your friend, obviously, on the basis of trust on him. You should also consider as to whether there is any substance in the allegations made againist your friend and if so why are you having pity on your friend and why not advise him to compensate her fully. If the allegations against him are true, then where is question of social stigma,etc., In fact, such stigma and damage has already been done to the poor girl who trusted your friend. Please stand up to help the victim who in this case appears to be the girl in question. I would welcome other experts to air their considered views in the matter please.
adv. rajeev ( rajoo )
(Expert) 20 February 2009
the burden will be on ur friend and his wife to prove that he has no extra matiral affair with another lady, she has prove all her allegations. In case of compensation and maintenance, she has to prove she has no independent income. Otherwise your friend will be liable to pay the maintenance to her. in the DV act also she can file a complainant.
RAKHI BUDHIRAJA ADVOCATE
(Expert) 23 February 2009
I do agree with Mr. Rajeev. If u need any type of help u can call me at_9871158578/9711364956
B.B.R.Goud.
(Expert) 23 February 2009
i do agree with learned friends
Hiralal Das
(Expert) 05 April 2009
I do agree with the valuable opinions of the learned members. Thanks all of you.
Sachin Bhatia
(Expert) 04 October 2009
It is better to have divorce by mutual consent. That will save your friend from any stigma as well. As far as maintenance part is concerned that also can be settled by mutual consent.
