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498a victim (job)     17 May 2016

Mutual divorce

Respected all,

i got married in may 2015, in jan 2016 bcos of some of her demands not fulfilled she left the home,

we have tried 4 times to call her back to matrimonial home but her parents didnt reply properly

on 1st may they came for discussion, but they came and fought and she took away all her stuffs along with her and went

now they are asking for divorce

so my question is if they are asking divorce is it necessary to pay them alimony??

and we disagree to pay what they demands what steps they can take??



Learning

 3 Replies

ramesh   17 May 2016

Even if u get divorce she has d right to claim maintenance after tht till she again married. Laws r made for woman only and now womans r doing business by it. D best this is tke divorce and try to minimize d alimony. Otherwise she can file other harassment cases on u and parents.

Vijay Raj Mahajan (Advocate)     17 May 2016

Clarify with the wife about her demands if any for divorce by mutual consent. If she makes no monetary/financial demand, just move ahead for divorce by mutual consent mentioning in the petition there is no demand or payment of any kind (alimony and maintenance) between the parties.

If she demands alimony, see if that amount you can afford to pay her, if yes, than mention in the divorce petition about the amount that is to be paid to her and the mode of payment (installment payment in two or more before completion of divorce proceedings in the court).

If her demand is beyond your means, than refuse to pay and wait for her next move in the matter.

Dana Kayoni (Expert Humanitarian and Lawyer)     17 May 2016

Question of mutual divorce does not arise at all.  If she is asking for diovrce, tell her to file it, you can in your reply to her divorce petition state that you are ok with divorce but wont pay a penny as alimony to her/you can object to her alimony petition if any later that you wont pay as she herself asked divorce, court will eventually reject her alimony petition and grant divorce.


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