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(Guest)

Divorce

 

Dear Experts.

My wife filed Divorce U/s HMA 13 1 ia & for interim maintenance for her & our 5 months son U/s HMA 24..

she had left her matrimonial home on her own & under influence of her parents.

Our marriage in 3 yrs old & our relation during these three yrs were cordial with some normal marital fights which is not unusual.

In her divorce pettion she has made all  petty allegation. not even single grave allegation made like beating, etc.

I dont want to break this marriage  for the sake of my 4 month old son & i still love my wife too..

she is asking me to seperate from my parents. Actually it was her parents wish since the first day of my marriage. But now they got a chance to use my son as tool to seperate me from my parents. for which i m not ready at all. coz during her stay here my parents relation with my wife was not bad to take such step

Few details FYI

After deduction of my home loan emi my net salary is aprox 11000pm

She left her job after birth of our son before she was eaning 20000pm. she is well qualified

my parents are financially independent

She is a co borrower of home loan but i m the sole owner of flat. she never paid a single money as emi or down payment

All mediation failed

My questions are

1) How much approximate maintenance wil court pass for her & our son (in her custody)

2) Shall i just contest her divorce or should i file RCR

3) I m ready to take care of all expences of my son but dont want to give maintenance to her as she left home without any reason & ill motive. Is there any way to reject her HMA 24 petition

4)Will court grant her divorce on the basis of such petty allegations

5) Can she have the share in my flat as she is a co borrower of home loan.

 

Thank you



Learning

 3 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     22 May 2013

Dear Querist

 

1) How much approximate maintenance wil court pass for her & our son (in her custody)

Opinion: the court can grant 25 % of your inhand salary as interim maintenance to your wife and son.


2) Shall i just contest her divorce or should i file RCR

OPinion: filing RCR is always better for husband


3) I m ready to take care of all expences of my son but dont want to give maintenance to her as she left home without any reason & ill motive. Is there any way to reject her HMA 24 petition


Opinion: argue the matter in written form/written arument should be filed on this application after filling reply with relevant judgement.


4)Will court grant her divorce on the basis of such petty allegations

Opinion: contested divorce is very hard, fight the case on merit.


5) Can she have the share in my flat as she is a co borrower of home loan.


Opinion: court have power in section 27 of HMA for disposal of the Property


Feel Free to Call

 

Nadeem Qureshi (Advocate)

Chember No. D-720, Lawyers Chembers,

Karkardooma Court, Delhi

email : nadeemqureshi1@gmail.com

web:    nadeemqureshi498a.webs.com

Blog:   https://nadeemqureshi1.wordpress.com/

Mob: +91 9953809956

        +91 8802305262 

Need Justice (manager)     22 May 2013

 

Hello Nadeem Sir..

Iam Vineet, i got married in dec., 2012, it was arranged, as i told the bride's family about my prefrence that she would be a working lady and an educated one but they made false commitment after marriage i come to know about the reality that she cant work and about her education that after 12th she has done her education in private instead of regular, which was a shocking incident for me even after i had compromised but on the very first night she told me that she dont want to have intercourse(adultry)for atleast 2-3 years, i was aw stuck, it got spread among all the members of our family than she said sory bt again when i tried to eastablish relationship then again she denied bt some how it has been done you can say forcefully from my end as everybody was raising fingure on me but it happens only once after that she is creating lots of trouble to me, after office hours when i go to home she starts fighting and putting blame on me that iam fighting and before going to office she used to fight now it has become routine, iam loosing my mental state day by day now it has become miserable as she starts targeting my mother that she has asked for dowry, the one advantage iam having is that my mother father both are working and staying separate to another state. Sir, i am ready to pay maintaince also as per our expenditure made on our wedding or depend upon my income, but the thing is that she is not ready for mutual consent divorce, sir we have not demanded a single rupee from them even though she used to blame my mother, one more thing i want to discuss is that we had adultry only once that too was forcefully from my end which i have mentioned above after that neither i have tried from my end nor she has tried. Sir can you suggest me what would be my ground and what are the effective procedures that i have to follow and make a ground for me as we are aware off that in these kind of cases generally people mis uses 498, i have this doubt on her & her family also. 

Yesterday also she become voilent and was about to hit me, so sir kindly suggest me for the better option as i dont want to stay any more with her, eagerly waiting for your valuable suggestions.

shaan (analyst)     22 May 2013

sir my name is sudeshna

I got married 2 yeras ago, @ 18 years ...my parents opted for  a arrange marriage, initially i forced to withdraw the marriage but later on for the sake of my parents i agreed. My husband is good at the initial part , he is a kind of childish person, dint have basic common thoughts, always have some fights with me. The most crucial part is my Father in Law who is always behind me since after my marriage.....He wants me to have a baby......but i want to study engineering , my husband initially before marriage responded positively, later on he refused. So i have to fight for that and hopefully get an oppurtunity.....but there are some issues like we dint have intercourse for about 1 year, he is getting irated all the time and most part son and dad dint allow my mom and dad to come to my house......in sasural. i that case i dont want to stay in this house any more, feeling suffocated. I dint feel my husband a protective one, he always hears to his parents not me..........so now i want to get a divorce. I dint have any child , want a free life where i can study well and lead an independent life of mine......suggest me the options plz.......

 

thanks


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