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Subha Datta (STudent)     01 October 2014

Should i file divorce?

10 days After our marriage( we got married in dec, 2013 ) I left India for US as I am a researcher here in US. For some reason, I started doubting my wife. and she left my parental home after 4 months and living with her parents. Now she wants divorce from me. I don't know if she goes for 498 or simple divorce case or CrPC 125 and HMA 24. Now my question is:

1) She doesn't know my address as I have never given her my address in US. So, if my parents don't accept courts notice, will it go against me? 

2) If she sends the notice to my work place will it be accepted as notice served?

3) If I accept the notice, should I have to go back to India?

4) How much maintenance she can get from me when I earn $2000/month? Though she has no proof of that. Can the court ask me to submit my income proof? Can I avoid that ? What will happen if I don't give my income details to court or if I don't attend the case? 

5) If I file a divorce case before her file will it somehow give me relief?

6) Should I leave it for expertee or contest ? If she agrees for mutual divorce taking some money will it be a good idea to accept it? 

7) How much amour is good enough to agree for ? What you think?

8) If I file RSR will it help me? 



 7 Replies

Dr J C Vashista (Lawyer)     01 October 2014

Engage a local lawyer and seek paid consultancy services which you can afford, isn't it?

Sunil Kumar (IT)     01 October 2014

Hello vashista, Anybody who posts question in this forum will engage a local lawyer.. they all just asking some opinion from the experts here.. If you don't know to answer or don't wish to answer.. better keep quite.. pls don't post useless answers..

bhagwat patil (Property due diligence 9422773303)     01 October 2014

Firstly mr Sunil Kumar ,Dr vashista is a senior member of the forum, it's not ethical to use such type of comment for him. If the que. is more vast and so many legal propositions are involved in it by giving short answer in forum and putting in trouble the cline it's always better to discuss the local lawyer ..........Now to Mr Datta.... 1)She doesn't know my address as I have never given her my address in US. So, if my parents don't accept courts notice, will it go against me? Yes.your parents will be called in police station and asked for adress. 

2) If she sends the notice to my work place will it be accepted as notice served?...yes

3) If I accept the notice, should I have to go back to India?.....yes if court summon you.

4) How much maintenance she can get from me when I earn $2000/month? Though she has no proof of that. Can the court ask me to submit my income proof? Can I avoid that ? What will happen if I don't give my income details to court or if I don't attend the case? .......She can complain to US consulate in India and immediately you will be deported from us.

5) If I file a divorce case before her file will it somehow give me relief?......if she ready to live with you will fail.

6) Should I leave it for expertee or contest ? If she agrees for mutual divorce taking some money will it be a good idea to accept it? .......if she agrees it's better option for you.

7) How much amour is good enough to agree for ? What you think?......depends upon your financial position 

8) If I file RSR will it help me? .

 
1 Like

Subha Datta (STudent)     01 October 2014

Thank you Mr Bhagwat Patil for your answers.

My another question is, I lived with her for only 10 days and she lived in my parental house for 4 months. I am a student in US. Earning $2000/month. She has passed Masters in English but doesn't have any job. Her father is a central Govt. employee. She is the only child. How much maintenance she can get from me ? Or how much amount she can get as alimony  for one time settlement? Can she get both monthly maintenance and alimony together at a time?

Subha Datta (STudent)     01 October 2014

Hi, Raj I hope you are not an advocate. Still I am considering your words. But tell me one thing... should I forget about my rest of the life? Should I spent the rest of the life without sleeping, running behind lawyers and running to the courts? Why I wont try to be free? Moreover, I have my families in India. If she goes for 498 my families will be in trouble, I wont be able to go back to India. And who told you that embassy will deny court orders being in India? Even if it is a family matter, to the embassy its a court direction...they will not think anything else, its their duty to help Indian law. If I contest 1/3 of money, well I will try..and thats why I wanted to now the amount and options to avoid it. One question more... if I dont give the maintenace for 2 years.... will i have to give it all together after two years? that means if the maintenance is 20000/- per month..and i dont give it for 2 years... will i have to give 24x70000/- = 1680000/- one time, when the final order will be given?  

Is denying maintence a criminal offence? After filing CrPC 125 against me, how long can I make a delay of paying  it by court procedures?

Biswanath Roy (Advocate)     04 October 2014

You can avoid maintenance to your wife on the following grounds namely,-

1. If you can prove by adducing evidence that your wife has sufficient personal income to maintain herself as to your life style and status.

2. If you die.

T. Kalaiselvan, Advocate (Advocate)     05 October 2014

@Author: donot be misguided by the replies/opinions given by half baked people's knowledge. In My opinion Mr. Bhagwat Patil has given a proper opinion and has guided you properly. You should understand one thing that whether you lived with her hardly for 10 days or even one day, the fact the she is your wife cannot be denied and also cannot be denied is the fact the being your wife she is entitled for certain rights as per law. Now you have to think about the strategies to tackle and challenge her cases properly. Since your doubts about the issues have been addressed, you can engage a prudent lawyer for further guidance and representation before court/police station. @Sunil Kumar, better mind your language while you are addressing or commenting on some senior advocate/experts in this forum. Have a control over your curiosity.

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