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R K........ (Analyst)     07 May 2012

Divorce settlements

My wife and inlaws logded a false complaint against me in 406/498a. They are looking for out of court selltement and asking for around 15 lakhs. The actual money which they have spent on marriage was around 6-7 lakhs

What should I do, should I tell them to go to court. Do the court sees original bills while asking for any settlement or should I settle out of court

How the questions for jewellery are taken care, they are saying that jewellery is with you and we are saying that everything is with you.. So how does court decide on these things



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 5 Replies

Deepak Nair (lawyer)     07 May 2012

You should immediately contact an advocate who practice matrimonial cases.

Don' t give in to the pressure and pay any exaggerated amount.  Amount spent on marraige cannot be claimed.

For the jewellery, they are required to provide the evidence that the jewelery is in your custody. Mere allegations are not sifficient in court.

Appoint a lawyer and fight the case on its merit.

R K........ (Analyst)     08 May 2012

Thanks for your answer If my monthly income is around 70,000 (in hand) and her monthly income is around 35,000 (in hand).. Can she claim for any maintainance. I am not asking for divorce, she is asking for it, even then can she claim maintainance

If she leaves her job, then can she claim maintainance and around how much and for how long she can claim for maintainance. Is it upto her next marriage ?

Prakash (executive)     08 May 2012

Hi Ramesh,

All give and take must have evidence. without that nothing shall be claimed from you.

if you really wants to get reunion then File a RCR and run the case. however speak with her and convienye her. a true love will make a lot of magic.

Try to scrutiny  the mistakes happen with you and  in matrimonial life. Explain her, conveyance her, if required mutually atleast try to make him that she got win like in all the matters ( out of court).  One day she will definitely feel your real love and change her accordingly.

Why iam saying this is “Nothing is negative when you taken it as positive”.  

A true Husband and wife love  is like a Breath air in human body.

 

if you feel all possibilities went in to rein then also file RCr first and Run the case.

Dont get panic and scared, be normal nothing will go in negative have trust with you.

Regards,

Prakash

R K........ (Analyst)     10 May 2012

How the settlement of money takes place in a court case.. Is there any arbitration pannel or what do they check ?

Deepak Nair (lawyer)     12 May 2012

In matrimonial cases, the matter is referred to a councilor and if that fails, then the matter will be decided by the court. The court will decide regarding the monetary issues after considering all the facts, evidences and circumstances.


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