Legal Question in Family Law in India

Hi

I am software engineer working in Xyz, Got married on Jan 2012 and we stayed for a month in XYZ and then she moved to her parents house after she came to know i was chatting with a girl.

The chat content is vulgar and indescent, now after 1 year she wants a divorce and is moving the

court..

Within this time MY FATHER have sent elders from both sides (Girl side and boy side) to settle issue amicably. The girl is adamant to get divorce.

I am not willing to give divorces.. due to huge compensation/maintainence involved.

I have sent SMS and mails asking her to come back and she replies there is no love and trust in this relationship.

Now that she is moving the local court, i have the follwoing questions.

Boy history.

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1. Earn 15lakh per annum.

Girl history

------------

1. Engineer by qualification, father well earned and have property and she has 7 months of

exp in Instrumentation background.

Currently not working and hold a dubai visa.

A brief summary of the property the boy holds.

1. Ancesteral property (agriculure land) of 5 acres in his name before marriage.

2. A plot accquired 4 years before marriage.

3. A flat purchased on lOan and currently paying the loan, the flat is not ready.

This flat is purchased before 1 -1.5 years before marriage by boy money.

Boy father property

------------------------

1. Ancestral property.(still undivided among his brothers)

2. 2 FLATS - One for my mother and another for him.

GAL father claim.

----------------

1. Marriage expenses summing to 15 lac

2. Dowry of 1 crore. (no proof for the same - not white money.,) and no proof of money given to boy family.

3. Maintainence for the gal, claiming she has more two sister (all well educated -completed MBA) and tough to run the family.

4. Boy married for money

4. Boy have no sexual relations with the girl

5. Have an affair..

QUESTIONS

----------.

1. How long will the case run in the local court usually and provided the boy is not willing to give divorce.

2. Can he appeal in the higher court if i am not convinced by the maintainence or settlement money given to the gril.

3. WHAT is the maintainence that she can claim and be successful (no children) ?

4. Any thing i can do to mimimize the division of property between the girl and me, like sale deed or gift deed to someone ?

5. What is the course of action if she files dowry harrasement and physical harresement like 498a and etc..

What is the course of action or precautionary measure i need to do ?


Asked on 1/27/13, 11:36 pm

3 Answers from Attorneys
Bennet Master of Law Bennet Raj Law Office

Answer

1. Vary with each and every courts.First you must file petition for restitution of conjugal rights before she files divorce. In that case u may succeed the case

2. Courts awards may be moderate and may not be high as u think

3. Depends upon proof of income

4. Yes

5. You may avoid DV or 498A complaints if u go for RCR

you may call for any clarifications. Questions will be answered

you have to pay consulting fee for it

Read more
Answered on 1/28/13, 11:48 am
uttam Tibrewal

its better you contact at [email protected] for details

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Answered on 2/01/13, 4:17 am


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