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Wife's father asking for money after deciding on mutual divorce
08-May-2023 (In Divorce Law)
my cousin and his wife have separated after 6.8 years of marriage. No issues. They had decided amicably to separate on Mutual consent without any claims on either side. Her father had sent the Draft saying all this . Now he is demanding money. The cousins wife is an Engineer and currently not working. They are Hindus. My cousin who is also an Engineer does not want to settle any amount as they had agreed initially. Please advise.
Firstly we have to take into consideration that if husband and wife have mutually agreed to take divorce under sec 13 B of H.M.Act , then after obtaining decree for same from competent court no person from any side can't claim ,ask or demand any money by any way. The question of maintainance has been already waived in above case. So if the father is claiming any amount such act is illegal and unmaintainable. If the wife in his affidavit before court have accepted the term for mutual divorce ,that she has waived all her present and future rights of maintainance, then she and any person through her cannot claim or demand any amount .
You can file criminal complaint against her father for demanding illegal consideration, which she has already waived for getting divorce by mutual consent.
You can file criminal complaint against her father for demanding illegal consideration, which she has already waived for getting divorce by mutual consent.
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Adv. Raviraj Jotiram Zanjurne
Satara | 25+ Answers
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If initially they have decided to separate on mutual consent and filed the petition then her father cannot interfere in this matter .And if now she is not ready for mutual consent divorce the court will dismissed the matter .p
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Adv. Maithili Khamkar
Mumbai | 25+ Answers
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As you have mentioned that your cousin is already staying separate from his wife since last 6.8 years, you try to settle the issue amicably if her demand is worth and in your budget. Otherwise you can file divorce petition in the court and court will decide all the issues on merit.
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Adv. Balaji Sagar
Pune | 100+ Answers
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