Legal Question in Family Law in India

Question

I am in India and my marriage took place on 29 aug 2007 in India after which I went to Usa.I returned to India on July 9 2008 unable to bear his harassment. Now my husband an NRI filed a divorce petition on 31 Aug 2010 in Secunderabad family court and now he wants to make a one time financial settlement and a mutual divorce.

Please let me know as to what are the possible ways and the procedure that I could get this amount securedly and without fail because he says that he would deliver this amount only after 6 months ie after the divorce order is passed.

Answer (1 of 1)

In your case the best option for you to sign (if you agree for divorce by mutual consent) is the date on which he brings the Demand Draft in the court for the agreed settlement amount. Do not sign any papers till you get the settlement amount. There is no guarantee that your spouse will honour his commitment as he is NRI and it would be very difficult to execute the decree.

Rashmi Bhatia Sangare

Private Practise

E-10, Rishikesh CHSL, Evershine Nagar, Malad [West], Mumbai- 400064

Mumbai, 400064

Thanks for our repli.

I would be grateful and thankful if u can please give me a citation of a high court or apex courts to that effect.


Asked on 11/01/10, 7:34 am

1 Answer from Attorneys
Devansh Bhardwaj Devansh Bhardwaj

If you are going for a DIVORCE (MUTUALLY) then do not signe any paper, I repeat DO NOT SIGNE any paper unless and untill you have the DEMAND DRAFT ONLY made in your favour and the datails of that DEMAND DRAFT mentioned in the compromise made. No matter what be the advise or promiss of any body.

You dont need any citation regarding that.

FOR FURTHER DISCUSSIONS IF ANY YOU CAN CONTACT ON 9415109404 OR ON [email protected]

DEVANSH BHARDWAJ

ADVOCATE

LUCKNOW

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Answered on 11/01/10, 8:41 am


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