Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

mohan   15 August 2017

Speeding up the divorce case

hi all, 

A few questions.. 

1. The divorce case seems to be taking years... and migth take more. I know its a slow process but can we speed it up by any means..  do help !

2. She has filed a DV with wrong address on affidavits. how can i prove it and how can i be benefited out of it ?

3. She has also asked for a monthly maintenance  of Rs. 3 lakhs / month. very wierdly thought of amount, but could not understand the logic behind asking such an absurd amount. any light on this ? how will this be calculated by court ? (i earn 75k salary and live in my house. The only child is with me. she earns 45k per month as salary). 

 

thanks

 

 

 

 

 



Learning

 9 Replies

Sudhir Kumar, Advocate (Advocate)     15 August 2017

Go for mutual consent

Sudhir Kumar, Advocate (Advocate)     15 August 2017

Go for mutual consent

P. Venu (Advocate)     15 August 2017

unless, MCD it is bound to be a slow process, and slower if the parties side track the main issue.

Sachin (N.A)     15 August 2017

She is not entitled for maintenance because she is earning. Once her maintenance application get dismissed she may agree for mutual divorce.

mohan   15 August 2017

tried mutual way..her demands are too high to fulfill.. 

 

any way to speed up in court ??????? 

 

 

Adv Radhika Mehta (Advocate)     15 August 2017

Originally posted by : mohan

hi all, 

A few questions.. 

1. The divorce case seems to be taking years... and migth take more. I know its a slow process but can we speed it up by any means..  do help !

There is no legal way to speed up as such. On account of the backlog of matrimonial Courts, longer dates are assigned and the same delay the matter. 

2. She has filed a DV with wrong address on affidavits. how can i prove it and how can i be benefited out of it ?

Approaching the Court with unclean hands. Perjury- making false statements on oath. 

3. She has also asked for a monthly maintenance  of Rs. 3 lakhs / month. very wierdly thought of amount, but could not understand the logic behind asking such an absurd amount. any light on this ? how will this be calculated by court ? (i earn 75k salary and live in my house. The only child is with me. she earns 45k per month as salary). 

A woman can ask any amount.  There is no bar on the same. However it is not necessary that the Court will grant the woman the amount sought by her. Given the brief facts narrated by you, it seems that your wife, being a working woman and having her own independent income, is not entitled to any maintenance.  

 

thanks

 

 

 

 

 

 

Kumar Doab (FIN)     16 August 2017

Defeat her contentions on merits.

Call her bluff be evidence.

If separation is the only recourse left then prefer MCD.

sai narayana   19 August 2017

She is not entitled but the child is, as the responsibility of kid is co-extensive.

mohan   19 August 2017

sai narayan.. 

 

why do people always judge that the child will always be with the mother.  WELL, in this case the child is with me...and i take full care of him. so, i really doubt that the court will grant her any maintenance. 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register