Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Socialist12 (Retired)     07 January 2014

Divorce-objection/conciliation

RCR filed and mediation failed because My wife did not want to join me though I agreed for her demand that I should rent a separate house for us to live but she demanded 25 lacs maintenance for the 3 year old child. She stays at her house in the same city with her parents. I have a flat bought on bank loan and EMIs are being paid. The opposite lawyer tells that sell the flat and give 50 percent of the sale money to my wife(half the property). Is this argument by the opposite lawyer tenable.

After RCR failed, I filed Divorce petition against my wife under cruelty and attended couple of mediation process which have also failed.


Now Objection/conciliation stage proceedings in the family court. Do not have an idea of what objections my wife will file. If the experts can give an idea of what it could be I will be thankful to them.

I am unemployed and no income whereas my wife is lucratively employed in a IT major. Can I file maintenance case against my wife and what will be the maintenance amount.

Thanks 

Socialist12



Learning

 7 Replies

Socialist12 (Retired)     08 January 2014

Look forward to getting a purposeful reply

stanley (Freedom)     08 January 2014

As the flat is in your name she does not have a right towards the same provided you have paid the entire money through your source of income. In case she has contributed towards it you would have to pay her in proportion to the investment she has made as per the market value . Opposite lawyers ask for the moon and the same cant be given to them .

As for the child maintanence is co-extensive and both have to contribute towards the child .

In case you have a disability and are unable to draw a source of income u/s HMA 24 you can ask for maintanence .

 

ashoksrivastava (scientist)     08 January 2014

Originally posted by : Socialist12

RCR filed and mediation failed because My wife did not want to join me though I agreed for her demand that I should rent a separate house for us to live but she demanded 25 lacs maintenance for the 3 year old child. She stays at her house in the same city with her parents. I have a flat bought on bank loan and EMIs are being paid. The opposite lawyer tells that sell the flat and give 50 percent of the sale money to my wife(half the property). Is this argument by the opposite lawyer tenable.

After RCR failed, I filed Divorce petition against my wife under cruelty and attended couple of mediation process which have also failed.


Now Objection/conciliation stage proceedings in the family court. Do not have an idea of what objections my wife will file. If the experts can give an idea of what it could be I will be thankful to them.

I am unemployed and no income whereas my wife is lucratively employed in a IT major. Can I file maintenance case against my wife and what will be the maintenance amount.

Thanks 

Socialist12

 @querist I think you should have obtained RCR decree ,waited for 1 year of non compliance and then should have filed divorce. Now you are in for protracted legal battle till both of you agree for MCD. Maint for child is  responsibility of both parents.Today you might not be having any income but tomorrow if you start earning more she can  then still claim maint. from you depending on the differential earnings and other factors. You don't need to sell self earned property in any case.

Considering the future of child I would still suggest to not to give up on reconcilliation efforts.

regards ASHOK

Adv k . mahesh (advocate)     08 January 2014

why are not doing job and how you pay emis and loan of that flat is the main question 

because if she says that even she had contributed the loan amount and want a share in the flat then what is the result 

so be prepared to show required documents and about maintenance you have to provide to the kid as share from your end and as she is already working no maintenance for her

Socialist12 (Retired)     08 January 2014

 

 

 

As the flat is in your name she does not have a right towards the same provided you have paid the entire money through your source of income. In case she has contributed towards it you would have to pay her in proportion to the investment she has made as per the market value . Opposite lawyers ask for the moon and the same cant be given to them .

As for the child maintanence is co-extensive and both have to contribute towards the child .

In case you have a disability and are unable to draw a source of income u/s HMA 24 you can ask for maintanence 

 

Dear Mr.Stanley,

 

The flat is bought entirely with my money ( Bank loan ). She has not contributed a single pie. I am in full agreement towards child maintenance. My demand for maintenance is only to make myself a liability to my wife. Anyway I shall look for a suitable job

 

socialist12

 

Socialist12 (Retired)     08 January 2014

 

 @querist I think you should have obtained RCR decree ,waited for 1 year of non compliance and then should have filed divorce. Now you are in for protracted legal battle till both of you agree for MCD. Maint for child is  responsibility of both parents.Today you might not be having any income but tomorrow if you start earning more she can  then still claim maint. from you depending on the differential earnings and other factors. You don't need to sell self earned property in any case.

Considering the future of child I would still suggest to not to give up on reconcilliation efforts.

regards ASHOK

 

Dear Mr.Ashoksrivastava,

 

Did not proceed with RCR because I have to wait for One year after the decree. In fact my wife never stayed with me from December 2009 to this date. No fun to wait  another one year. MCD: It should have been done during course of RCR mediation. I have offered for MCD earlier in one of my notices but she did not oblige but sent a reply lawyer notice that I should arrange a seperate home for us to live and I have agreed to that and invited her to come and join me in searching a home that  suits her taste. She took a U turn and said that I should live with her in her home where her parents are also living. As she has refused to live with me and I did not like to live with her at her home I filed RCR. It is only a question of making myself a liability to my wifein regard to maintenance. Possibly she may come to a agreement .

 

Thanks

 

Socialist12

 

Socialist12 (Retired)     08 January 2014

why are not doing job and how you pay emis and loan of that flat is the main question 

because if she says that even she had contributed the loan amount and want a share in the flat then what is the result 

so be prepared to show required documents and about maintenance you have to provide to the kid as share from your end and as she is already working no maintenance for her

 

Dear Mr. Mahesh,

 

Trying for the job. question of asking for maintenance is only for making myself a liability to my wife. My father pays the EMIs. She has not contributed even a single pie. I dont say that I wont pay maintenance to my chidl. Let me test the waters about my maintenance. let her pay maintenance to me .

 

Thanks

Socialist12


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