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ANIL (OWN)     13 May 2012

How to move ahead ?

my wife has filed D/V in the court on the grounds of  cruelty..

breif facts :married in june 2008 seperated in apr 2009 (9 m/12 d)  my edu q is Bcom i do tax & accounts work .my father is CA. My wife is  CA.

She claims

1) i force her to hold certificate of practice so as to help me " to meet my both ends ".2i) i mis represented her of being a CA. She claims my income as rs 75k- pm and claims  rs 50 L as alimony for house & comp for cruelty.

Facts from my side

i have  appeared for my ca final but could not suceed, .she knows this very well. my marriage was attended by atleat 250 persons..

she in he d/v petions clearly admitts tthere has not been any PHYSICAL HARRASEMENT.Ihave not taken sinle penny from my wife at any point of time.

since sepeeration there was no contact between us for 1.5 yrs finally i took the intiative discused the mater with her father who agreed for mutal d/v accordingly i sent the draft.Her income is rs 40 k per month

the twist

on receipt of the draft my father in law now says that i promised  for the compensation  of 50 L so he suggested the mutal d/v way.

request:

Ihave received the d/v notice a month before , the counselling has began , i have not yet appointed the lawyer  pls advise the steps to be taken to get out of this hell & the matters upon which i should press upon in this case



 1 Replies

Guest (Guest)     13 May 2012

Dear Querist,

 

Since the negotiations for mutual consent divorce could not materialise, you may choose to either contest the divorce case filed by your wife, or not to contest it. If you do not contest it, the court may grant her an ex-parte divorce. She may also file for maintenance against you, albeit with very little likelihood of any considerable success. A working wife who is earning a sufficent amount to provide for herself, is not entitled in law to claim any maintenance from husband. Do watch out for a possible false case under 498A being registered against you by her.

 

Regards,

Ashish Davessar

Advocate


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