Legal Question in Family Law in India
With respect to my yesterday's question 2/27/2011, 12:08PM. (I got married in june 2010 and I came to other country during meantime I have made spouse's passport. But her behavior was not good with me and my family and she did not stay at my home and she was learning some professional courses after marriage but she was not intrested in that. She was not even intrested in doing work which she has comitted before marriage but that was not an issue. The problem here is her behavior with me and my parents.
She went back to her home without telling us and filled a divorce case against me and obviously her parents are supporting her and they have claimed mental torture and all fraud statements against us which is not true and they are doing all this because they want divorce and huge amount money from us. they have filled case in our samaj court (this is authorized by high court).
So there plan is get huge money from us but we are not at fault. We told judges that we are not requesting divorce and we can still accept her but they want divorce and money.
Now they have started making all filmy stories in front of judges.
I need help from expert lawyers. What should we do in this case? But I can not also go to court until June 2011 and this would not be a case of mutual consent divorce so will need your opinions?
We want relief but without paying a single rupee to her as we are innocent in this matter.)
Samaj Court is court run by our caste in all over maharashtra state at different places and they have got authority from High court to run these kind of cases only for our caste people.
I do not think there is any section that they have filled a case against me. But they want divorce through this channel with huge compensation for which I am not ready.
Two months ago, I wanted her to come back but looking at the Darma's my wife and her parents are doing just for money and divorce, I do not think I want her to get back in my life.
I also want divorce now but I do not want to pay anything to her.
Also I do not want to deplay this process if you have any fast track process to get divorce early, can you please let me know.
Thanks for help.
1 Answer from Attorneys
You may not be able to avoid paying maintenance unless you reach a mutual settlement with her.
You may also have to pay her permanent alimony in the event of divorce if she does not have any independent source of income.
The law may presume you guilty of "cruelty" if she files a complaint against you.
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