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Kunuthur Srinivasa Reddy   21 July 2017

What is the object of divorce?

What is the object of filing a petition for divorce other than claiming for maintenance and/or getting married again? Is it possible to recover from the claimant, the cash paid towards one time maintenance when the claimant gets remarried after divorce is granted? In what way the court can facilitate recovery of cash paid towards maintenance? 



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 11 Replies

Siddharth Srivastava (Advocate)     22 July 2017

Getting divorce from court is an end of relationship of husband and wife.After divorce either spose can remarry or can live its life. If any amount is paid as one time payment then if the spouse remarried then the paid amount can not be recovered and court is of no help.

1 Like

Rishi kumar   22 July 2017

Leave alone cash paid, anything given to her or under her custody is gone for ever. And that's why they opt for onetime settlement. I think you have the option of paying lump sum or monthly maintenance. So once she remarries, you can stop that. Even if you pay one time, she can dig up and ask for more depending upon how you prosper. So there is no way you can insulate yourself. So monthly is better.

1 Like

Ms. Usha Hegde (CEO)     22 July 2017

You should ask court to recover the money back from your wife.

You need to file a petition in the Family Court which gave you divorce.

The money paid by you will be returned with interest now that she has remarried or plans to remarry.

 

1 Like

Siddharth Srivastava (Advocate)     22 July 2017

It is very strange to see the answer. I request all friends that before giving reply they should be versed with law because these people are dependent on advises.

Kunuthur Srinivasa Reddy   22 July 2017

Lawyers are considered by the clients nearly as their judges serving to protect their(clients) objective and to cause justice as viewed by them. The clients are to be enlightened and educated by the lawyers instead of being intolerant of their lack of knowledge of law. 

My question is: What is the earthly use or sanctity of filing a petition for divorce in the Court, if it is not intended for remarriage and/or maintenance for sure? Essentially, to my understanding, the person who files  the said petition has a definite and hidden interest to get remarried and/or claim maintenance. Otherwise, it is a wastage of time, energy and resources to touch the portals of Justice, with the hope of Justice. Instead, he/she can as well live separately, physically, mentally and independently free from being designated as divorcees, a social stigma and discrimination attached to it in India if not elsewhere. I request for in depth analysis in this regard. 

A walk alone (-)     23 July 2017

Every person has different thinking.I agree with you 90% the person who files the divorce petition has a definite and hidden interest to get remarried and/or claim maintenance. But 10% want to get freedom from cruel relationship ,instead of wasting whole life in that cruel relationship. I think if a person can't adjust in first marriage how can he think to adjust in second one? Today main reason of non adjustment is ego of both one. Money which has given to her can't recover.

Adv Radhika Mehta (Advocate)     23 July 2017

Mr Reddy, the situation between every couple is not always so simple that they can reach a consensus to live seperately wthout any bitterness.  The thought to take a Divorce arises, in most cases, because of incompatibility.  If the situation was as positive as you described as your ideal solution to taking a Divorce, then why would anyone want a Divorce? In marital relationships, there are lots of ups and downs. What maybe a small thing for you may not be so for your wife so resentment/ bitterness/ unhappiness would start simmering in her heart against you and build up to such extent that she would think of Divorce. In such a situation, its always better for the couple as well as their children that they put an amicable end to their marriage and remain friends thereafter.  I disagree with your view that Divorce is only taken when a person wants to marry.  Its not so simple.  Divorce till today in several places is considered a stigma.  So to reach to that stage, imagine the mental agony and trauma gone through.  

The money paid cannot be recovered. 

Kunuthur Srinivasa Reddy   23 July 2017

Thank you Ms.Radhika for a very balanced and mature answer. Unfortunately, divorces have been increasing steeply in India due to preferential option to nucleus family set up as opposed to joint family establishment. Suggestions by elders and well wishers to restore marital harmony is considered as undue interference due to mainly ego factor. Yes. I agree that divorce need not be for remarriage but it could be to claim for maintenance. The lawyers by and large do not allow the couple to reconcile as they lose their livelihood by recurrent extraction of cash on prolonged litigation just like doctors in corporate hospitals. The simple question is why one should claim maintenance from a person with whom you can not live in harmony for whatever reasons such as cruelty or adultery etc? Righteously speaking, you should strive to be self supportive and stand as a model to others since dependence is worse than death now a days due to degradation in human relationships and love has turned as mere business and opportunism. Real love and friendship have become extinct due to craze for material possessions.

Kunuthur Srinivasa Reddy   23 July 2017

Thank you Ms.Radhika for a very balanced and mature answer. Unfortunately, divorces have been increasing steeply in India due to preferential option to nucleus family set up as opposed to joint family establishment. Suggestions by elders and well wishers to restore marital harmony is considered as undue interference due to mainly ego factor. Yes. I agree that divorce need not be for remarriage but it could be to claim for maintenance. The lawyers by and large do not allow the couple to reconcile as they lose their livelihood by recurrent extraction of cash on prolonged litigation just like doctors in corporate hospitals. The simple question is why one should claim maintenance from a person with whom you can not live in harmony for whatever reasons such as cruelty or adultery etc? Righteously speaking, you should strive to be self supportive and stand as a model to others since dependence is worse than death now a days due to degradation in human relationships and love has turned as mere business and opportunism. Real love and friendship have become extinct due to craze for material possessions.

Adv Radhika Mehta (Advocate)     24 July 2017

There are always different perspectives to look at any situation.  While i agree with you on your stand on guidance of elders, it is also true that so many marriages are breaking today because of the same.  Newly married couples are not given the opportunities or freedom to build their relationship and trust by the elders, thereby resulting in early disintegration of marriage. 

Not all lawyers are the same :)

Its not always so easy or simple.  When you have the responsibility of a child or your own inability, you cant afford to be so righteous in your thinking.  You have to be practical. And most importantly, when a relationship breaks, there is a lot of hurt.  You want to hurt the other person as much and getting maintenance seems like hitting it right where it hurts. And justifiably so esp when there is adultery.  a husband who breaks the sanctity of the institution of marriage, breaks the trust of his wife, should, even in my opinion, not be let go scot-free.  

1 Like

Kunuthur Srinivasa Reddy   24 July 2017

Guidance by elders, I mean in literal sense and not to mean interference and to curtail freedom of expression and action. I fully agree with you, the so called elders by their inherent tendency of being over possessive, do not let their son/daughter go out of their control after marriage. Again, guidance or suggestions are to be given only after being sought by youngsters but not uncalled for. When elders feel or observe, the youngsters are on the erring side, a friendly and subtle suggestion like food for thought could be given with complete freedom to the youngsters to take a final decision and in no case the elder's suggestions to be thrusted on them. It is in this context, that ZX principle is extremely beneficial and universal to all humans alike in the world. That is: Zero Expectation in life, though looks impossible and impractical but possible with progressive practice. 


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