Karan Mahajan (Professional) 11 July 2014

Wife asking for a mutual divorce and expenses to look.

Hi,

We have a 1+ year old marriage with no kids. Wife is working (postgraduate) and earning more than half of my salary.

We have issues since start of our marriage and she has been staying at her parental house for most of the time since our marriage.Now, after spending 4 months at her parental house, she approached a lawyer who called me up and requested for a meeting at his Office. On meeting, he gave me a list of all marriage expenses they incurred and told that she wants a mutual divorce. He told us to look at the expenses and arrive at a figure we can compensate/return all gifts. They included all expenses on gifts even after marriage, photographer for marriage, birthdays etc. We too also spent almost 75% of the total amount they spent on marriage.

My question is:- How should be proceed in this case? We can return them all gifts they presented but cant pay anything as we too spend all savings on marriage and I am sole earner in my family with parents dependent on me.. I also have monthly home loan installment equivalent to my wife's per month salary..

Please pour your advice and comments.

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2 Replies

(Guest)

Returning the marriage gifts doesn't make sense but anyways if they are asking then do return it. About the marriage expense you can deny on the fact that you had spend as well and like that. All the ornaments and stridhan will be definitely taken back by her if any. To be straight its a mutual consent divorce and everything has to be decided mutually between both of you . MCD process is a simple to go even. And there is no legal process for deciding on marriage expenses.

Laxmi Kant Joshi (Advocate ) 12 July 2014

No need to return anything to her even her stridhan , engage a lawyer for you then talk to her lawyer regarding the matter, you also had spend money in your marriage, you had also gift her costly cloths and jewellery at the time of marriage and also later and other huge expenses in marriage etc . negotitate the matter and the amount and then make your joint mou with the help of your lawyer for your mutual consent divorce , if you want to return her stridhan then obtain the receiving copy from her with her signature , sign of two witnesses, sign of her lawyer and yours on the list as well as your lawyers .