Anil Kumar Singh (engineer) 31 October 2015

Divorce and alimony

Dear Sir,

We have applied for a mutual divorce in July and the second hearing is in Frebruary.

Me and my wife agreed to pay for 2 lacks amount. Which i have paid as on date. Now my wife is demanding more money if not she is saying that i will fight the case.

She is demanding more 8 lacs and saying if i wont pay the new requested amount she wont attend the court and she will fight a new case.

Sir my query is that currently i am working in Oman- Muscat on a contract job and my contract is for 1 year. Company may renew or dis continue my contract.

In india i was getting some 35 thousand per month before i joined oman.

Now will court consider my Oman earnings or india income will be considered.

I am sure I will be going back to india after february. I am no more intrested to be in Oman.

Also she played a game with me. The divorce was requested by her only since she said that she is not intrested in relation ship with me as she found a new friend and she is intrested with him.

All these she said in whats app and also i have audio receording of the statement which she gave.

I am not in a situation pay such a huge amount please advise me a way forward sir.

I have received few suggestion from the group but i request you to help me with some suggestions on my wifes new game

Regards,

Anil

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3 Replies

saravanan s (legal advisor) 31 October 2015

how did you pay the money.was it done in the court in the presence of the judge.i think the coming feb would be the first motion and not second motion as the divorce petition had been made in july.

since you had applied for mutual divorce things like alimony, child custody, streedhan settlement everything would have been worked out in the mou.if she doesnt abide with the mou and if she refuses to give her consent either during the first motion or second motion your case would be dismissed.

in that case you can initiate a contested divorce on grounds of cruelty and with all the available proofs in hand that shows that she had voluntarily opted for divorce for so and so reasons, you can deny maintenance to her.if you had done the settlemnt of 2 lakhs before the court then you can produce those proofs in court.

if you havent given the money before the court and if you are going for a contested divorce you can file a recovery suit for the money thats given and also a extortion case u/s 386 ipc on her for demanding an additional 8 lakhs

Anil Kumar Singh (engineer) 31 October 2015

Dear Sir,

Thanks for your valuable feedback.

Sir all these were agrred in fornt of hounarable court and agrred in fornt of Judge.

She has signed all the papers and we were asked to produce before judge and judge asked the question to us both and the amount of 2 lacks she requested was accepted by her.

Also she said that she was not intrested and she wants divorce.

Then after recording all the judge asked us to apper in the family court on Feb 2nd.

All these statements are clearely mentioned in the MOU that she asked for 2 lacks and no further claims she shall put on me.

Best regards,

Anil

Laxmi Kant Joshi (Advocate ) 31 October 2015

Its o.k but she can withdraw herself for accepting divorce and returned your money to you, then you can file contested divorce on mental cruelty, mentioned all the facts with proof in your petition how she withdraw herself from mcd to harass you and try to extort money from you, you will be in upper hand in your case, don't pay her anything .