advice seeking regarding matrimonial alimony possibility
23-May-2023 (In Divorce Law)
I m a HINDU. My wife is living separately since last 5 years having one child 4 years old. Whenever I called her to return she accused me of doing mental torture etc and threatened with a lawsuit. But now she wants to be back but i and my parents are scared of her & don't want her back. I have no job now . I want to know Can she claim as a alimony my earned deposit so far or can she claim my fathers house or his money (in case my father transfers house and his deposits to me in near future) . Also what can she do if we dont call her back. (pls note that she is not anyhow ready for divorce as she wants me to initiate as I want it )
Hello your wife can not claim in you father's property and money. She can claim maintenance for herself and child which depends upon your income. If she want to come back to you, you can enter into a memorandum of understanding defining terms and conditions. Legally you can file petition for restitution of conjugal rights and court can pass a decree if you want to live together. But if you want to end relationship you can file contested divorce petition in the court. If your father transfer home or money to you then it will become your asset and she can claim higher maintenance.
if you want to terminate the matrimonial knot, then,
try to settle the matter amicably with your wife involving elders/relatives/friends etc and go for Mutual Consent Divorce which will be decided in 6-18 months, and you both will be free to live life with your wish,
don't forget to draft an MOU before approaching Mutual Divorce, which is the most essential and important part of a Divorce case,
some basic points to keep in mind and put in writing through an MOU before filing the petition for mutual consent divorce are custody of kids, distribution of assets (movable/immovable), quash/withdraw of pending litigation if any, Maintenance (present/future), Alimony, mode and time of making the payment, streedhan, future litigation, etc.
if failed, you have two options,
one option is to,
file contested divorce on the grounds of mental cruelty, adultery (Whatsapp pics) but it will take around 3-5 years,
also once you file contested divorce she will surely file/claim
498a complaint
Domestic Violence case
maintenance,
so be ready for them too,
and,
the second option is to file Restitution of conjugal rights petition in the Court, to show your bonafide intentions to save the matrimonial tie, however, you can withdraw the same any time,
RCR will work as a safeguard to 498a, maintenance, DV etc
Call/mail for a detailed discussion/understanding
try to settle the matter amicably with your wife involving elders/relatives/friends etc and go for Mutual Consent Divorce which will be decided in 6-18 months, and you both will be free to live life with your wish,
don't forget to draft an MOU before approaching Mutual Divorce, which is the most essential and important part of a Divorce case,
some basic points to keep in mind and put in writing through an MOU before filing the petition for mutual consent divorce are custody of kids, distribution of assets (movable/immovable), quash/withdraw of pending litigation if any, Maintenance (present/future), Alimony, mode and time of making the payment, streedhan, future litigation, etc.
if failed, you have two options,
one option is to,
file contested divorce on the grounds of mental cruelty, adultery (Whatsapp pics) but it will take around 3-5 years,
also once you file contested divorce she will surely file/claim
498a complaint
Domestic Violence case
maintenance,
so be ready for them too,
and,
the second option is to file Restitution of conjugal rights petition in the Court, to show your bonafide intentions to save the matrimonial tie, however, you can withdraw the same any time,
RCR will work as a safeguard to 498a, maintenance, DV etc
Call/mail for a detailed discussion/understanding
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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