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sujaykumar   29 January 2015

Wife has filed for divorce

hi, 

Wife has filed for divorce. She is mentioning on grounds of desertion and cruelty. 

We were happily married for close to 1 year. But then her parents started interfering into our lives and compelled us to buy a house in Bangalore. 

We purchased a house together as I am also a co-applicant and one day she told me and my parents to get out of the house. We vacated the house. We have been living separately close to 3 years now. 

I requested her to come back and she did not respond. I sent a RCR notice to her and that's when she filed for divorce. Should I challenge or let it go for ex-parte? How will the alimony be decided?



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 6 Replies

Adv. Nikhil Seth (legal consultant (9867264707))     29 January 2015

dear Sujay ,

Contest the divorce matter dont let it go exparte . Contesting will help you to get faster settlement .Stay firm if you contest properly she may loose also . 

Regards,

Adv.NIKHIL SETH 

Mumbai ]

9867264707

sujaykumar   29 January 2015

I am not interested in contesting because I too want a divorce from her. I have a 3 year old son. She is working in MNC. The divorce notice says that she spent close to 25 Lakhs for the marriage and so on. But my worry is how will the alimony be decided ?

Ashish Dongre (Advocate)     29 January 2015

Go for mutual divorce,bargain with your wife for any alimony amount ...alimony is decided as per the status income of either spouse...as you have said that she(wife) is also working you can plea for the same in the court of law..

Adv. Nikhil Seth (legal consultant (9867264707))     29 January 2015

file mutual consent divorce and settle one time  amount for your child or custody of your child.

Its all upto you how much you can settle as one time alimony including your son expenses if he is staying with her after divorce.

Regards,

Adv.NIKHIL SETH

Mumbai  

SuperHero (Manager)     29 January 2015

Ex-parte meaning what ever is put by her in the Court is correct and you are accepting the judgement by not contesting.

https://en.wikipedia.org/wiki/Ex_parte

She asked you to vacate house and you vacated house with your family. Can you tell me why you just vacated the house?

What are your plans after divorce?

laxmi kant joshi (instructor)     29 January 2015

As above experts advised you i agree with them you must contest the case, it is not wiseable to leave the case for exparte, fight the case on its merit if you too want divorce then go for mcd talk to your wife and make your mou and also settle a fixed one time alimony for your son( if in future you are not interested in filing his custody ) in your mou and get rid from her .

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