Neil 04 February 2016

10 months and still on

Hello experts,

I am from Mumbai, my wife had left me some 10 months ago, after which she filed a DV case aganst me in the local police station, the police didnot take any action though, she is staying in other city since then, she called my mother and she told she wanted a divorce on mutual understanding. I am suffering from a brain disorder treatment of which is in full swing, I couldnot take this stress, it had impacted by brain to the core. So please advise what will happen next in this case, I don't have any financial aid, as my treatment is expensive. Please tell me on how should I approach in this case.

Thanks in advance.

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7 Replies

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India) 04 February 2016

Sir,

She is serving you a cup cake, better take it and go for the mutual agreement and get rid of the pain .

Warm Regards

Kapil Chandna Advocate

9899011450

1 Like

Born Fighter (xxx) 04 February 2016

Wife has filed DV, so the wife under the name of Mutual understanding must be asking for a one time alimony ....if the wife was so understanding she would have not filed DV or cud have straight asked for MCD

Im unable to understand what the querist is looking for ....?

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law) 04 February 2016

How can a DV casw be filed at the local police station? There must be a confusion wrt the proceeding initiated before the police station.

Anyway if you can manage to have a mutual divorce ka settlement, go for it.

Best option

Neil 04 February 2016

Thanks for the reply experts, I am ready to give her the MCD but what about Alimony as told I am suffering from a rare brain disorder, and my treatment cost is very high per week/month. So I will not be in position to go to the court hearings on date wise basis. What should be the answer given to her now??

Thanks in advance,

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law) 05 February 2016

If it's a mutual consent divorce then at least ask her how much alimony she wants ? Also ask her whether she even wants it or not ? You shall have to attend court on only two dates in case there is a settlement which is established . You may also appoint a power of attorney to do the same .

Neil 05 February 2016

Thanks again for the inputs experts, Ours was a love marriage, at that time I didnot know that I have this disorder, it got detected few months ago before she left. This disorder is the main reason that she left, so she doesn't have to take away my SH*T and throw it over board. Sorry for the Language, but thats the truth. I am financially drained out due to this treatment for survival, I am not in a position to give her anything in terms of alimony. Please help me on how should I take the next steps. What if she asks for alimony for xyz amount even in case of MCD??

Thanks in advance

Neil 07 February 2016

Hello Experts,

Sorry for asking this again, but what if my wife sends me a MCD letter with some alimony conditions, what should I do, as my treatment is absorbing most of my funds, please tell me what should I do??

Thanks in advance,