Legal Question in Family Law in India
Divorce
My wife has taken her all stridhan properties from me and whole life maintenance. She signed on divorce paper where it was stated that she had received her whole life maintenance and stridhan prperties. Now she is in deviation that she wants to live with me. I am not ready for that. Please give me legal advice so that I can defend myself. Her father and uncle also signed on the paper as witness. At this condition, can she claim reconciliation? If I fight against her on the ground that she has already taken whole life maintenance and stridhan properties, so I will not accept her, what will be my legal position on this ground. How much I will be strong?
2 Answers from Attorneys
Re: Divorce
You may have a strong legal position for defending yourself against restitution.
Re: Divorce
You are strong only to defend your self from any legal action she could take for misappropriation of her stridhan; and claim for maintenance.
If the parties are Hindu, divorce has to be as per Hindu Marriage Act and would not be a matter of out of court settlement mutually agreed by the parties.
You need to make out a case within the grounds specified for grant of divorce in Hindu Marriage Act. Amongst others, ground of "desertion" is also one which can be available to you if you establish that she had decided to 'voluntarily' abandon the matrimonial home, without your having to create a situation for her.
for appropriate opinion, i would need to know complete facts of your married life - the disputes between husband - wife and reasons for separation etc.
You are welcome to contact me for free opinion giving complete details.
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