Legal Question in Family Law in India

Hello Sir,

I work abroad and have been married since past 1 year 9 months. My wife left me six months back and is asking for a divorce. Her complainet is that I go and have sex outside which is not true.She has refused to have sex with me till now. She is asking me for 20 lakhs compensation, but I have not budged.I have not done anything wrong. She says she has proof but will not diclose it to me. She has not filed any divorce case against me even though she threathened it several times. Her whole motivation to get maximum money from me.She has lot of lavish expenses.I have told her to come back in my mails or lets talk and sort it out. She is not even ready to do so. She is saying she can wait.She has given her lawyers numbers to speak, but I have not spoken.I had contacted one lawyer in bangalore. He told me that I have two options

1) Restoration of Conjugal rights

Advantages

Party can come to the negotiating table

Party can come back

If party cannot come back, I can use this as a basis for divorce

Disadvantages

Time consuming

2) Divorce case from me

Advantages

Quick

Disadvantages

Need to defend the bases

Need to know if this affects the compensation given by me if my case fails?

My questions are

1) Which option should I go for and will filing divorce directly affect the compensation?

2) What if she files a case from mumbai after I file Restoration of Conjugal rights

3) Jurisdiction: I live in singapore and she is now in mumbai. My parents stay in bangalore. Can I file a case from from bangalore ?

4) I have 2 years time to settle thi matter. What is the best step I can take?

5) I can give her compensation but the amount she is asking is way beyond my reach. What is the way do court calculates compensation?

6) Can I file a divorce case on basis of mental cruelity

Ram


Asked on 8/03/10, 7:44 pm

4 Answers from Attorneys

Devansh Bhardwaj Devansh Bhardwaj

What you actually want?. Do you want to live with your wife? If yes then file the case under Sec. 9

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

DEVANSH BHARDWAJ

ADVOCATE

LUCKNOW

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Answered on 8/03/10, 8:05 pm
www.lawconcern.com S.Seshadri www.lawconcern.com

Dear Ram,

For bare details on divorce law for Hindus living as NRIs you can refer to www.lawconcern.com.

You need to confide to another lawyer ( for a second opinion) all details of your marriage and the cause for disharmony and the best legal option under the circumstances.

Intricate facts of the case will have to be known to a lawyer before a best option opinion is given.

So my advice to you is to seek a opinion from another lawyer after laying all the facts in your best interests.

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Answered on 8/03/10, 9:36 pm
Fahri Toga TOGA//OKSUZ

Dear contactor thank you for contacting us.

We have just received your message. For giving a precise and a detailed answer please send to us on the following e-mail address more information and the document regards this problem. We will be able and available to answer any of your questions. So if you will have any question please do not hesitate to contact us.

Not: [email protected]

Best regards and best wishes.

Attorney at Law

Fahri TOĞA

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Answered on 8/04/10, 4:06 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

It is too early in your marriage to consider legal recourse. Try to meet with her directly or through her relatives / friends and make efforts for reaching a settlement; try to give her due space; you need to tone down your ego and consider her as your soul-mate/life partner, not an adversary. if she has given you a lawyer's number, may be she does not trust you any more. try to win her confidence and trust and consider chaning your behaviour pattern so as to bring settlement.

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Answered on 8/13/10, 1:43 am


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