settlement or fight ? please help
Querist :
Anonymous
(Querist) 24 May 2011
This query is : Resolved
i am reposting my query for help.
query posted on 15/5/11
am a govt officer married to an enterprenour in 1999.in gurudwara. some problems arose and we could not declare our marriaage. after resolving we again got remarried through court and hindu vidhi in 2001.the problems again aroused but i kept comprising and also produced a child (girl)
in 2003. sooner the problems aggravated .i took my posting to stay with my husband but to my surprise . as soon as i landed in the city ,i was handed over asummon for divorce
. it was shock for me. i never got a hint of his motive. i was not talked or discussed about this.
i found out that he has filed for divorce hiding my first marriage of 1999. since the i have been fighting against his petition trying to prove that he has filed a wrong case and misled the court.in 2009, i got posted out. so i filed another petition asking for expenses for travel and self maintenace as i am earning less than him.(this we have presented by presenting his IT RETURN which show his annual turnover of 1 crore. )
in 2010. he suddenly applied for withdrawl of his petition and also got the orders passed onesided just one day prior to our hearing .
we applied against judge's onesided decision and after one year in may 2011 the judge has recalled his decision and found that he has hidden several facts fron court and the other party has the right to be informed and has reopened the case for discussion.
.now they are threatening to go to high court against this decision.
in my last hearing in last week. judje has told both parties to try and resolve the isuue. we have talked once.
my query :
1. they want to do one time settlement by paying cash of 1 lakh. what should be my condition . i do not know anything about divorce by mutual consent .is there any paper work required .
2.he says either take this amount or give me the daughter.or linger on.like this.
3. sir ,i want to protect my daughter's financial rights.
4.please guide me ,how much i should ask him to pay?and what conditions i shuld put so in future me and my daughter shuld not be in trouble.
5. my lawyer says ig this case goes on a,then we will win self maimtenace of at least i lakh.. what if i fight this case like this ?
6. i have not applied a seperate case for divorce yet neither i have filed any case for maintenance of child, : shuld i do that.
7. sir i am a government officer and unable to cum everytime to fight the ,right now my father is looking after . but i sincerely do not want to start another case and linger on .who will fight the case after my father.as i am bound by my duties and unable to come everytime to follow my case.
8. i feel as if he is taking benefit of my this government job. .
i want to get out of this relation ship .he has not even once looked after me since marriage(neither financially nor emotionally ) and never even bore the responsibility of father (neither financially nor physically.)
i feel used physically and emotionally blackmailed.
Guest
(Expert) 24 May 2011
I remember on your last post several experts were of the opinion that you should continue to fight for justice. But from your repeated query it seems you are interested just to get rid of the case somehow or the other by any type of settlement.
Anyway, you can propose for settlement with minimum of 2 crores, if it is one time settlement, as 1 lakh for life would be just a small part of dust out of 1 crore turnover per year. You can reduce, if you like, the settlement amount by bargaining to get between 50 lakhs to 25 lakhs. I am sure they have offered you only 1 lakh just to go in to bargain with you to see where you can stand. So, adopt their own strategy to get some honourable settlement. If they insist on 1 lakh to 5 lakhs you must turn down their proposal. On that they would definitely come forward with higher offer, as their advocate must have sounded them that you can get even much bigger chunk of your husband's income for yours and your daughter's maintenance on per month basis regularly till life and even can share their properties for your daughter, as his legal heir.
Mind it, legally he cannot marry another woman till he gets divorce from you, while he would be waiting eagerly to get settlement. So, they would definitely insist on you for settlement, while you show some patience at least for some more time for honourable settlement than making a hurried settlement.
M/s. Y-not legal services
(Expert) 24 May 2011
Repeated query. Even my view upon the transfer issue, the transfer proceedings divided as two kinds. One transfer the case from one court to another court under the jurisdiction of the high court.. Second one is transfer the case from one high court's jurisdiction to another high court's jurisdiction.. The second one is happened now on your case.
