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venkat (engineer)     21 December 2011

Suggestion required to take a right decision

Hello,

From past one year I am fighting with false cases such as 498a, Domestic Violence and Crpc 125.
Recently my wife filed divorce however summons not received yet.

Currently my in laws ready to with draw cases if I give divorce and some permanent alimony.
but they are asking to give the divorce through ex-party, reason being it’s faster and they want immediately. I asked about this to my lawyer, he said   ” it’s ok because we will settle cases through court and also we will mention about conditions and permanent alimony so in feature there will not be any issues with ex-party divorce”.

Please suggest is there any problems in future if I go by ex-party divorce and also please suggest what precautions we should take in this approach.

Your inputs/suggestions will definitely help us to take right step.

Regards,
Venkat



Learning

 8 Replies

**Victim** (job)     21 December 2011

No man better to go for conditions rather then go for exparty. They might demand more then they were suppose to so pls don't go by wht they say.

**Victim** (job)     21 December 2011

MCD is the only point where both parties come and put their conditions and once both party agrees it goes for mutual divorce and this is why i think you should go for MCD rather then going for exparty.

Shantanu Wavhal (Worker)     21 December 2011

if u allow to grant ex parte decree, wife may demand for excessive maintenance.


pl. confirm what her demands are.

Krish Narayan (Advocate)     21 December 2011

1. Dont go for exparte divorce.

2. Ask her to withdraw her earlier petition for divorce unconditionally.

3. FIle divorce under section 13-B incorporating your conditions with no past, present and future claims and no right, title, possession, interest, claim over your immovable properties and future earninings.

4. The payment of alimony must be in full and final settlement of all her claims.

5. Live happily..

Dr. GYV Victor., PhD., CEng., (Chartered Engineer Dredge Master (STCW 95) Marine Shipping Contracts Customs Arbitrator and Consultant)     21 December 2011

It is suggested that you if you are willing to appear in teh court then dont go for ex-party and it is better you appear in the court to submit a joint petition of divorce under mutual consent. If you are willing to go to court, then you should have a strong pre divorce settlement agreement, indicating the costs, alimony, and all other applicable clauses of property and claims. Such agreement should be incorporated in the mutual divorce joint petition.

Ex-party decision by court shall attract the wrath of the court and may be the alimony might be increased to suit her living conditions that you may not be able to counter.

RAJIV BHASIN (ADVOCATE) (Bhasin Legal Consultants(SOLICITORS & ADVOCATES) bhasin.laws@yahoo.com 9811210505)     21 December 2011

Dear Venkat,

Your wife is blackmailing you. She can file alimony case even after getting ex-parte divorce. Don't put your foot on axe. Rest up to you. File mutual consent divorce with all terms and conditions suits you. take advice from your lawyer handling your cases.

Regards

Rajiv Bhasin

Advocate

9811210505, 9868635640

rajiv_lodha (zz)     21 December 2011

If they tell that ex-parte is quick, its biggest lie they are telling.

As advised by others too, stick 2 ur guns. Offer MCD, that too if their demands are acceptable to u. Aviod any trap from the gang!

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     24 December 2011

Never let ex-parte divorce happen.

 

Go for MCD instead.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com


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