Narendra (programmer) 04 November 2011

Contemplating divorce

I have been married for 3 years now with a 1 year old kid. Me and my wife stayed together with my parents only for the 1st year of marriage. Then she left me due to some misunderstanding and went to her parents place and never came back. I left for Singapore on a work assignment. I have been calling her so many times to come and join me - over phone, email and registered letters. But she says she cannot leave her job. She is earning 3 times more than my salary. Her father also has sent a letter saying that she will not come leaving her job. I am really pissed off with her father's interference. My wife also seems to be very stubborn and not wanting to leave her parents. In the meantime, my wifes babyshower, delivery, my kids name keeping ceremony and 1st year bday everything took place at her home without any of my folks or me taking part. They seem to have a 'dont care if you are not there' attitude. I have finally decided to go in for divorce.I am least bothered about her filing 498a cos I know she cant prove it and I am ready to face it.

1. I have a flat in my name bought before marriage and I am the only one paying EMI. No wife contribution here. Is she entitled for any share?

2. How much maintenance expense will I incur for a,say, 2 year old

3. Do I have to pay her alimony? She owns a house in her name.

4. In case she files for toture and claims compensation, do I have to prove my innocence and come out without paying anything?

Would really appreciate if anyone can shed some light. thanks

Reply Follow

9 Replies

Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 04 November 2011

1. I have a flat in my name bought before marriage and I am the only one paying EMI. No wife contribution here. Is she entitled for any share?

SHE WON'T GET ANY SHARE IN THE SAID PROPERTY, HOWEVER WHILE DECIDING PERMANENT ALIMONY, THE HOUSE MAYBE A CONSIDERATION.

2. How much maintenance expense will I incur for a,say, 2 year old

THIS IS SPECULATIVE QUESTION, YOU CAN NOT ESCAPE MAINTENANCE OF THE CHILD, BUT REST WOULD DEPEND ON INCOME OF THE PARTIES.

3. Do I have to pay her alimony? She owns a house in her name.

AGAIN, WHAT IS HER INCOME FROM THAT? IF SO, SHE WON'T GET ANY MAINTENANCE, LESS MAINTENANCE.

4. In case she files for toture and claims compensation, do I have to prove my innocence and come out without paying anything?

NO SHE WOULD NEED TO PROVE HER ALLEGATIONS.

REGARDS,

SHONEE KAPOOR

HARASSED.BY.498A@GMAIL.COM

(Guest)

Very simple case. Just walk out. Take her house forcibly by using me as a Weapon of Mass Destruction and give her the alimony THROUGH ME. Think about the divorce later. Hand over the kid to me for blackmailing her.

Narendra (programmer) 04 November 2011

Hey thanks Shonee

some more questions

1. Since I will start divorce proceedings against my wife first, will I lose any advantage over alimony or maintenance? I can always say that she is not ready to join me and because of her we have been separated for about 2 years now.

2. What will be the worse outcome? I may have to pay her alimony or maintenance which will not be more than what I have right? But then she has her own bungalow , staying with her parents and the kid. she also has a job which pays more than 1.5 lacs per month. she is also better qualified than me. I earn very much less than her.

3. What happens if I leave my job, come to India and start divorce proceedings against her? Will the judge ask me to stay in her house since she is earning? oh I dont want to do that. Can I ask her for maintenance?

Sorry for asking lot of questions. I would definitely appreciate any inputs. thanks again.

(Guest)

Apply the Old Hindu law not the White created HMA. Marry again as bigamy is allowed in Old NON White Hindu law. Hit the Supreme Court and get is declared ultravires of the Tradition of Hinduiosm/Indianism and use Directive Principles of State Policy/fundamental duties which are enforceable by the Executive but not the Judiciary.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 04 November 2011

NO ALIMONY IS DECIDED ON SEPERATE GROUNDS, WHO STARTED THE PROCEEDING IS NOT A GROUND

WORST WOULD BE YOU DENIED DIVORCE AND SHE GETS MAINTENANCE.

NO YOU CAN NOT ASK FOR MAINTENANCE IF YOU ARE ABLE BODIES AND IS CAPABLE OF BEING EMPLOYED.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

(Guest)

No advantage is gained or lost whichever spouse initiates Divorce.Unfornately there is serious shortage of reasonable spouses.

(Guest)

Best deal : Consult a Palmist/Astrologer rather than lawyers.

K.P.Satish Kumar (Advocate) 05 November 2011

If you thing that your marriage is irretrivable borke down then you can start discussion for your divorce proceedings. And arrive a mutual understanding to get divorce smothfully.

K.P.Satish Kumar M.L.

Advocate: 9962999008

(Guest)

I know of guys who got married instantly after agreeing on cruelty.Everybody knows that these allegations are a big hoax.But take it seriously while there is a simulataneous case of 498a or DV Act. Or if you are bold enough then disprove one allegation of cruelty [out of thousands leveled against you] and move for perjury so that for one allegation disproved she can't afford to be penalized. I find its women who make trouble.