Legal Question in Family Law in India

Divorce and Alimony

Two yrs back I married my wife, a divorcee with 4 yr daughter. She got divorce with first husband on cruelty grounds. Since our marriage she is not providing proper bed comfort and often quarrel for every petty things. She said this is because of trauma she faced with her ex-husband. Now she says her ex-husband is better than me and so she creates problems and claims compensation of Rs. 10 lacs for mutual divorce. I trusted her and within few months of marriage I purchase a flat jointly in our name for 20 lacs on loan and I am repaying it till now. She wants a share in it also. This creates mental agony for me and my elderly parents and I want divorce. She may even go back with her ex-husband. What is the ground for divorce other than mutual consent and quantum of alimony. My annual income Rs. 3.6 lacs her annual income Rs.1.5 lacs. Pl give your opinion.


Asked on 6/21/08, 5:58 pm

4 Answers from Attorneys

G. M. Gupta gmguptaandassociates

Re: Divorce and Alimony

if u are paying from ur account then it may help you to save ur property. there are lot of things and i can reply everything here.

but u can save urself in certain things

consult lawyer

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Answered on 6/23/08, 9:58 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Divorce and Alimony

I think its better to reconcile than to take divorce on any other ground as per facts stated by you and with respect to quantum of maintainence the court decides the same after hearing both parties.

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Answered on 6/22/08, 12:42 pm
Homi Maratha N.N. Maratha & Co.-Advocates

Re: Divorce and Alimony

You have paid the money through your accounts can be a stand in your favour in this case.

I would advise you to contact personally with the details as it would be too long to explain everything here.

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Answered on 6/25/08, 12:16 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Divorce and Alimony

On maintenance part, you may not have to suffer much but you will be liable to return to her the share in flat which has been purchased jointly in her name also. even though you may have contributed the entire money, her share becomes a part of her "istridhan" which you are liable to return whenever she demands - before or at the time of divorce;

Divorce - the facts given by you are not sufficient to constitute any of the grounds for divorce available under the Hindu Marriage Act.

Differences of opinion over small matters is not the same thing as 'conjugal bliss'. you are required to respect her view point and try to live life with harmony and understanding. quarrels over petty things are a matter of routine. You need to understand her habits and make adjustments by making suitable changes in your behaviour and mind-set. Divorce is not a solution of petty quarrels. It seems you suffer from a large male ego and expect everything to happen your way which is not pratically possible with many girls.

She is entitled to lodge a criminal complaint against you for harrassment and domestic violence under Section 498-A of IPC and also under the newly enacted Domestic Violence Act.

You need to understand her rights in the matrimonial home and take your decisions.

For an informed opinion, you may write me details of the quarrels to analyse if any of these events could be considered as "cruelty" so as to constitute a ground for divorce.

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Answered on 6/21/08, 9:14 pm


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