Nithya (Customer Support executive) 31 July 2010

Will working women maintenance?

Hello Sir,

My brother has filed a divorce case against my sister in law. They both are married on Aug 2008 and lived for 40 days. then my brother went to abroad. they dont have kids. As my sister in law is not physically fit for s*x, my brother filed divorce case against her after one year of the marriage Sep 2009 .

We came to know that she is working in a college as a lecturer. She is graduate and completed her B. Tech in Electronics.

Now she is ready to compramise and asking money of Rs. 5 lacs. They spent around 50000 rs as marriage expenses.

Pls advise us how to deal with her.

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5 Replies

Mugundhan (Lawyer) 31 July 2010

Mere allegation that she is not fit, is not enough. The Court may send her to the medical board. If the medical board gives a report that she is not fit, your brother can get divorce. But if the board, finds her fit, the divorce will not be granted. As far as the 5 lacs, she is asking, it caannot be said as maintenance, but an amount for a compromise. If she is working and getting a decent salary, she is not entitled for maintenance.

(Guest)

I agree to Sh. Mugundhan's advise. Add on que. from myside here is did the family prior to marriage knew of her physical defects !

(Guest)

tell her that this is final settlement amount. get this agreement on paper including that there was no harassment of her and the two parties do not intend to file any criminal case in future. also that this is initialising the motion of mutual consent divorce. pay her 20% advance , and move for mutaul consent divorce applying in court that u both have agreed to terms, also put this document copy there.

first make her family agree on these terms then go to a lawyer and initiate the move.

2nd option file for annulment u/s 12 1 a and 12 1 c , but it will be more time consuming.

Self service (None) 01 August 2010

Its little rude but negotiate on money and give her. Tell your brother just accept as money spend on "service". But do all legally and with lawyers advice.