edwin (AM) 16 June 2015

Struggling for mutual consent divorce

I am married from last 10 years. I have a son from this marriage who is 8 years old. From 2005 t0 2012 i was under constant pressure from my wife family to financially assist them from time to time. Till 2012 i had helped them to the tune of 6 lacs. by then i had fallen out of love since they only treated me like an ATM. I asked her for a mutual divorce since i was under severe pressure that i will be used again for money. Around that time i fell in love with another women. My wife refused for divorce. I left home in 2012 and started staying with this other women. Within 3 months my wife filed a case under DV act 498 asking for expenses and also claiming that she should not be thrown out of the matrimonoal house. which was never my intention. I return i filed for divorce under cruelty. From 2012 to 2015 both cases were inconclusive and in the end i returened home in Sep 2014. Both cases were withdrawn. After 4 months i still see irrecoverable differences between us and i do not find love with my wife. I have asked again for a mutual divorce. I am still in contact with the other lady. Initially my wife agreed for divorce with nothing in retuen and told me to make papers. But within few days her lawyers suggested not to leave me so easily and ask for alimony. She asked for full house for mutual divorce. (me and my mother are coowners of the house) So i will give my entire share of 50% of the house. So she will be 50% owner and mother will be 50%. My share of the house will be worth 25 lacs. When i made this paper now wife demaning that i also give 25000 everymonth FD for my son name in the event of my remarriage after divorce. My wife is educated (12th pass) speaks good english and is capabale of earning 25000 a month. Currently she is earning 12000. She is comfortably staying in the matrimonial house with no interference of in laws. I am willing to negotiate with the monthly demand but wife is not relenting. The other lady is a divorcee with no childrens.

This being the background i have few queries

1. The cost of my freedom now is 25 lacs worth of house share and plus 25000 per month as FD for my son in case of my remarrige. this is too much. what else can i suggest so that she agrees for a mutual. I want to be reasonable and yet have my freedom.

2. What will happen if i also say no for divorce since it is going to be costly and stay in marrige only for namesake. At the same time continue my relationship with the other lady

3. If i am home for 2 days in a week and continue to pay all the expenses of the house and child can wife file for RCR if iam with the other lady the other 5 days and we do some business together etc.

4. I know i will not be able to solemize my marriage with the other lady until my divorce is done with wife. but if i continue my relationship with this lady, what other legal harm can wife do to me?

5. how do i ensure i get a mutual divorce without unreasonably being arm twisted by wife.

6. Should i file for a divorce again since she is not relenting for a mutual one.

7. What would happen if i come home only 2 days and other days i sleep in the other lady house. I know wife can create a rukcus by shouting but can she do any legal case on me.

Reply Follow

2 Replies

SURESH KALAGA (secretary) 16 June 2015

Dear Mr. Edwin, First of all, living with other lady without obtaining divorce from existing wife is an offence. The reason to expect divorce form your wife to lead another lady is not good and it is not ehitcal. If you really suffering from your wife, you may not lead your life with your wife anymore, you try to convince her to apply mutual consent divorce doing justice to your wife by giving proper alimony for her and your child. If she is not agreed to give consent divorce, you have to approach court of law to seek divorce from your wife on the ground of cruelty and desertion. If your wife file petitoin for maintenance, you have to give maintenance to your wife and your son without fail. So, better convince your wife for mutual consent or if any chance is there try to patch-up your differences and live together happily at least for your son's future. Best of Luck. Suresh Kalaga

edwin (AM) 16 June 2015

Dear sir, i dont think you have read all the facts. You have only replied on the ethical facts. If you notice, i have already provided 6 lacs to wife family. She filed DV and i filed divorce and fought for 3 yrs. We already tried to reconcile and pulled back our cases. But there are irrecoverable differences. She keeps on changing her demands. First she said nothing in return. Then she said full my share of house. Now additioanlly 25000 per month.I am willing to be reasonable. But wife not willing to negotiate. I also need to plan my life. She is also earning. She is capable of earning more. I know living with another person is illegal before divorce. So i dont intend to move out or stop providing wife and son. But i want to ask if i be in contact with other lady and engage in a business or meet can my wife do any legal cases. Again i want to repeat. I do not wish to cheat or do injustice to wife and child. But their demands are unresonable and i dont want to be forced in this relationship where there is anger and animosity.