Need information on divorce proceedings Need information on divorce proceedings

1 year ago

I have been married for 3 months, because of some differences we are living separately for the past 40 days. I have decided to send divorce notice to my wife.
need information on following
1. If we initiate a legal notice to them reg separation will i end up paying more amount during settlement.
2. If I wait for my wife to proceed (as she also wants divorce, but not taking any step) first, will there be any advantage for me.
3. What if they lodge false complaints against me and my family after receiving the notice.
4. If the matter goes to court (if not mutual divorce) and the verdict comes in her favor, do I need to bear their expenses as well?
5. If she demands for a huge alimony and I am not in a position to pay that amount(for example if she asks for 50L, but i can only pay 20L) what will happen?

Kishan Dutt Kalaskar

Responded 1 year ago

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A.Dear Sir,
My answers are as follows:

1. If we initiate a legal notice to them reg separation will i end up paying more amount during settlement.
Ans: You cannot file any Divorce case within one year of marriage unless on serious medical grounds like impotency or cheating.

2. If I wait for my wife to proceed (as she also wants divorce, but not taking any step) first, will there be any advantage for me.
Ans: Even you cannot go for mutual divorce within one year of marriage.

3. What if they lodge false complaints against me and my family after receiving the notice.
Ans: You have to protest such complaints by taking anticipatory bails and title lodge complaint against her through your mother as Domestic Violence etc to protect yourself.

4. If the matter goes to court (if not mutual divorce) and the verdict comes in her favor, do I need to bear their expenses as well?
Ans: You need to pay alimony to some extent since marriage lasted for only three months.

5. If she demands for a huge alimony and I am not in a position to pay that amount(for example if she asks for 50L, but i can only pay 20L) what will happen?
Ans: You have to prolong the proceedings to make her know that she cannot get any amount towards her alimony in the near future.
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Prabhakara S K Shetty

Responded 1 year ago

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A.First of all Court will not take up usually a divorce case within one year of marriage, except for nullity on only specific grounds.
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