anonymous.help (anonymous.help) 26 November 2017

Husband files a divorce case on desertion grounds

My husband filed divorce case(desertion grounds). But I seek to be united with the family. So I did not filed any case against him, i.e, DV or MC. Even if the judgement comes in my favour, I do not believe that he will agree to live with me as the case has been running for a long time.He calls for a settlement outside the court with a meger amount of 4 lakhs. At the time of marriage, we gave Rs 10 lakhs towards dowry out of which 5 laks was given by bank tranfer and 150 grams of gold. How to claim alimony along with all the above dowry and jewellery. While the case was running in the court, I got a job (both of us have an equal income). Please suggest me how to proceed on this.

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5 Replies

Vijay Raj Mahajan (Advocate) 26 November 2017

Fight the divorce case till he agrees to return you all your istridhan/gold and cash given at the time of marriage. He won't be able to get divorce so easily and will one day agree to your terms and conditions for divorce by mutual consent. Marriage as such is dead and no use continuing it, it will be just waste of time and money in litigation.

R.Ramachandran (Advocate) 26 November 2017

Pl. appreciate that there is no mathematical formula in such matters.

One has to understand as to what has happened all along, what necessitated filing of the case, what has happened so far before the Court, and what is the stand of each of the parties, etc. etc. Only thereafter one will be in a position to give some suggestions.

Therefore, you would be well advised to get in touch with a lawyer well versed in divorce law without wasting time, and deal with the matter appropriately.

(Guest)

4 lakhs is good amount. Today he is ready, tmrw he would have spent half of it on advocates and will offer 2 lakhs, some time later he might offer nothing. If court orders alimony also, if he does not pay, court cant do anything if he has nothing in his name. Court can get him arrested, but you will have to pay 3000 rs per month for his maintenance in jail. See which is suitable taking 4 lakhs or paying 3000 per month to jail for his maintenance?

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(Guest)

He will surely remarry even at 50, bt for you breaking point is menopause. These days 33 is last date. You have to play within reaching 32-33?

Adv Radhika Mehta (Advocate) 27 November 2017

If you hand him over what he desires on a platter, chances of him giving you a good alimony amount are bleak. I would advise that in order to bring him to the table, you should file for RCR and seek maintenance till the pendecy of the matter. Even if he dosent comply with the order, you can seek execution of his property.