Legal Question in Family Law in India
My son who got married last year in jan. 17 2013 and he went abroad leaving his wife at her matrimonial house on 3.02.13.
He has returned on 29 dec 2013 for applying his H1b and H4(dependent visa) for his spouse. Their visa is granted and 3rd jan his wife has raised certain issues and on 4 th jan 14 she discussed with us as well and on 5th jan early morning she left our home along with her parents and relatives.
Their marriage was never consummated from the day one of their marriage till her leaving our home.
Now her parents and herself are blaming us and asking for divorce on mutual consent we also agreed on it .
They are now asking alimony which we have agreed to pay upon receipt of divorce order by family court and also we agree to return her jewelry. My son was to return on 19 jaan to resume his job abroad. They were always in uncertain mind and never came forward to close and every now and then raising issues or saying that they have not made-up mind not ready to sing MOU nor ready to agree on draft petition for divorce on mutual consent. So my son left the country.
Now again they came out that I have to give alimony / compensation upfront or at least 50% upon signing of MOU and rest at the time of order.
My questions are:-
1. Can upon singing MOU I can give them money on behalf of my son and take receipt of same from her & her father's as well?
2. Is such MOU is valid under Hindu marriage act?
3 if yes then can this MOU be part of petition?
4 considering her parents uncertain mind do we have any better option to get smooth divorce in shortest time.
5. Since the marriage is not last more then one year and if my my son alone file petition for divorce before family court and under such event what will be the ideal compensation payable/ decided by court? She is and post graduate MBA and was doing job in Mumbai and due to her leaving country she has resigned from her current job.
5. In both case I have love loss for the jewelry given by her parents & her relative and voluntarily willing to return the same.
Pl advice.
1 Answer from Attorneys
enter into a MOU and pay the first installment only at the time of filing of the 1st motion.If you want to file a divorce petition that can be also an option but you will need to contact me at 9312411481 for detailled opinion.
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