Legal Question in Family Law in India
My wife has filed a petition for divorce under section 13A of HMA with the allegation of cruelty. She has left me almost 5 years ago with our newborn daughter and her parents. Though I really want her to come back, that seems improbable at present. My questions are:
1. If I don't fight the case (allegations) what will I loose?
2. What can be the alimony and maintenance charges assuming she is unemployed and daughter stays with her? I am a salaried person working in central government (40000 to 50000/- gross pm).
3. In case my wife ask for exorbitant amount, what the magistrate will ask me to pay?
4. How can I convert the case into a mutual divorce case?
3 Answers from Attorneys
1) The allegations will go uncontested.
2) Generally its 1/3 rd of the salary.
3) You two will sent to a counsellor / mediation to arrive at a figure agreeable to both.
4) Your wife will have to make an application to convert her petition into mutual consent divorce.
consult a local advocate before taking any decision.
1)If you don't contest the case she will get exparte decree i.e divorce and other relief's will be granted in her favour by the court.
2)1/3 of salary but can be minimised
3) depends upon the discretion of magistrate if dispute doesnot get solve in counselling.
4)If both parties agree for divorce and settle down the issues amicably then the petition can be converted into mutual consent divorce.
The answers to your queries are here in below:-
1) You will loose the case and she will get the Decree of Divorce. against you.
2) It is normally 1/2 of the salary if the child(ren ) are staying with the woman.
3) See answer nos. 2 .
4) Inform the court about your decision for mutual consent as your wife has already filed a contesting Divorce. Your wife would be asked to withdraw the case and both of you would be asked to file mutual consent divorce.