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Need legal advice not understanding what to do should file for decree
04-Apr-2025 (In Divorce Law)
i married in Dedc2020 and cheated by wife and inlaws 5th day of marriage she strted showing her nature sge and her parnts forcd me to do medcl checkup saying that i m impotent my report came normal and she detect pcod i was ready to give treatment bt left house and demanding money or else will spoil my career i resd in mumbai she in bijapur i sent resititin notice she did not came back askig money later on ready for mutual divrce but afr said will do maintenance case if not fulfill her demand
If your wife is not educated or not educated enough to support herself then you cannot escape payment of maintenance to her. Also, it is always better to opt for mutual consent divorce rather than prolongating the affairs. Feel free to contact me for seeking any legal advice as regards the same.
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Adv. Prerna Shukla
Adv. Prerna Shukla
Mumbai | 700+ Answers
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You can file for divorce on cruelty grounds. If she demands money, challenge it with proof. If she files for maintenance, contest it based on her earning capacity. Gather evidence of threats and seek legal help.
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Adv. Mrunmayi Kotawadekar
Adv. Mrunmayi Kotawadekar
Mumbai | 100+ Answers
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You may file for contested divorce on grounds of cruelty and mental harassment under Section 13 of the Hindu Marriage Act. Her threats and false allegations, if proven, strengthen your case. If she demands money to avoid filing maintenance, that can be treated as extortion. Keep all evidence of her messages and notices. If she files for maintenance, the court will decide based on your income, her financial status, and living conditions. Mutual divorce is possible only with proper terms agreed by both sides. Consult a family lawyer to proceed correctly and protect your rights.
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Adv. Vaibhavi Muthinty
Adv. Vaibhavi Muthinty
Dombivli | 100+ Answers
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Based on the facts provided, if you have been harassed or blackmailed by your wife and her family, and there has been mental cruelty, you may file for divorce on grounds of cruelty under Section 13(1)(ia) of the Hindu Marriage Act. If she is threatening false maintenance or dowry cases, you can seek anticipatory bail and legal protection. As you already sent a restitution notice and she did not respond, it supports your case. If she files a maintenance case, you can contest it based on her conduct and ability to maintain herself, especially if she is educated or working.
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Adv. Vikrant C Deshpande
Adv. Vikrant C Deshpande
Mumbai | 5+ Answers
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Well, you do not fall under her pressure, let her do whatever she wants to do. You adopt a legal remedy and proceed on it, I will guide you regards that how you can become successful in seeking Mutual Divorce which you want, without paying hefty amount of Maintenance to her!
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Adv. Pankaj Bajaj
Adv. Pankaj Bajaj
Mumbai | 1000+ Answers
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