Ajay (Consultant) 10 May 2014

Regarding divorce filing from spouse in india !

Hi Everyone,
I need advice from you guyz. I got married to a girl from india. We stayed together for few days. Then i came back to Canada. Things didn't work out and it ended up in divorce stage. The girl family has asked to give them 4 lacs for settlement.
After agreeing to settlement amount now the girls family don't want to file mutual divorce. They are telling us to send them the money first. Then the girl will file for divorce from her side. They are also saying that when we receive the divorce papers at my canada address then we should not sign it and then it will be automatic divorce. Kindly advice. I am not able to understand why they don't want me to sign the divorce papers when i am ready to do the same. Should i give them money first ? Please advice how to handle to situation.

Thanks and Regards,
Ajay

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2 Replies

**Victim** (job) 10 May 2014

Don't !

If you are settling the case with money then terms should be drafted in mutual consent divorce petition. If they are asking you to do something like this, that means that they want to start some sort of conspiracy against you. Such as - they can also say that you never gave them any money and then they can file some other cases asking for more money. So don't even fall in that trap.

Adv.Vandana Vaidya (Advocate & Regd. Patent Attorney) 10 May 2014

Do not agree to what they are saying. If you are agreeing to settle the case mutually by paying money then the case should be filed as mutual consent divorce petition. If they are asking you to do something as mentioned above, that means that they may file a case taking the ground of cruelty or some other and put lot of allegations against you and your family. Since you will not accept the summons/notice, you may not get the opportunity to object the contents. So you see for your wife it is a win win situation, she will get money from you and can get divorce on her terms, so that in the society she will get sympathy.