Separated but not divorced
3 years ago
My wife had sent me a lawyer(not court) notice asking for divorce and payment of 6 lakhs in Dec 2018. I have not replied for that till today and there has been no further communication with respect to divorce from her till today. We have been living separately till today since Dec 2018. The only communication she does is asking for money which she claims to have given me during our relationship before marriage and during the time we were together till separated. She is claiming to have given me 11 lakhs. Some money transactions is in my account. The rest major amounts she is showing it as written in a book or diary she has maintained. I have anyway denied the handwritten book and diary.
I just want to know what case she can file now, which is threating to do so from her home town Dhanbad. She has been living in Bangalore since her 1st marrage. She was a widow before. She has a son who is now 23-24 yrs old. She is a teacher in Hindi language.
D. SHARATH KUMAR VARMA
Responded 3 years ago
My advice is to settle the matter as early as possible by giving reasonable amount to her. And or else if you are willing to cohabitation with her you have to file RCR petition through an advocate in jurisdiction court. Or else take mutual concern divorce it is better remedy for you both to take divorce and continue your life with an other marriage.
Advocate D.Sharath Kumar Varma.
-- MBA, LL.B .
Sanjay Kumar Jha
Responded 3 years ago
If u have received lawyer notice and have not replied and living separate since Dec 2018.
If she files case against you and then u receive any notice of court in that case you would have to appear before court.
But no need to reply to advocate notice. Let her move to court.
Thanks
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Ayantika Mondal @ Prime Legal
Responded 3 years ago
From the information that you have posted, the next possible course of action from her end could be to file for divorce and claim for maintenance under section 125 C.r.P.C.
With regards to the transaction of ₹11,00,000, since this payment is disputed by nature , therefore, under no circumstances you can be compelled to make this payment as their stands no agreement between you and your wife for the repayment of amount of money, and even if she is able to prove that you took such amount from her, by virtue of law, an agreement that is social by nature needs to be written.
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