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Q. Divorce

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Anonymous

posted 1 year ago

Q.Divorce
My friend wants divorce from her wife as she is very bad and cruel person but the problem is they have a child and she is demanding 12 lakh by making false crying care of the child.But this is not true she is wanting the money for her needs only not for the child.But my friend can't give her that money as he does not have that much money as he is just a simple tution teacher.Anyhow he want to get his wife out from his life he wants divorce but she is not giving demanding money and also filed a false case about attempted to mother a women against him and all his family members.And she also said the ic he gives her 12 lakh then only she will give him divorce and close the case also.Is there any way please help....

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Rameshwar Dadhe

Experience: 4 Year(s)

Responded 1 year ago

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A. ) Just file divorce petition . Then it will be possible to u

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Anonymous

Replied 1 year ago

Thank you sir.

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Rameshwar Dadhe

Experience: 4 Year(s)

Replied 1 year ago

Welcome sir

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Rameshwar Dadhe

Experience: 4 Year(s)

Replied 1 year ago

Welcome

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Kishan Dutt Kalaskar Retired Judge

Experience: 34 Year(s)

Responded 1 year ago

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A. ) Just file a divorce petition and it will give result positively

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Anonymous

Replied 1 year ago

Thank you sir

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Shreyash Mohta

Experience: 2 Year(s)

Responded 1 year ago

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A. ) Sir,
There is no reason as to why you should be giving money to the wife to get divorce.
So no need to worry.
Firstly as you stated that your wife is not willing to give you divorce. In such a situation the divorce will be a contested one and not mutual. A contested divorce usually takes a longer period.
File a divorce suit against your wife on the grounds of Cruelty.
Also, as for the child you can file a child custody suit which will decide who will have the child after such divorce. [If the child is less than 5 years the mother becomes the natural guardian] so it is advisable not to file a suit if the child is 5 or less than 5 years of age.
Coming to maintenance and alimony - It shall be decide by the court looking into your financial status and a variety of other considerable points which your lawyer will explain you in details once you decide to file such divorce.
Thanks
Shreyash Mohta

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Anonymous

Replied 1 year ago

He have doubt of the child as he was not physically active with his wife may be 2 to 3 times so he thinks that the baby is someone else as she also have boyfriends she contacts with them so my friend didn't want the baby he wants to move on and marry a another women is it ok?

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Shreyash Mohta

Experience: 2 Year(s)

Replied 1 year ago

In that case adultery will also come as a ground of divorce.
If your friend does not want to keep the child then he would need to pay the maintenance of that child as well until and unless it is proved that such child is not out of their wedlock.
This can however be proved by way of a DNA test which might not be permissible by the court of law.
If you can or your lawyer can prove the same then you don't need to contest such child custody matter.
Thanks
Shreyash Mohta

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Anonymous

Replied 1 year ago

Ok i get it,
Thank you Sir.

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Anonymous

Replied 1 year ago

But sir I forget to tell that his wife is also going to get marry to a men.Then why should my friend need to pay maintenance?

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Shreyash Mohta

Experience: 2 Year(s)

Replied 1 year ago

Till the time she does not remarry the friend has to pay. If she remarries then the liability shifts to the new husband.
Thanks
Shreyash Mohta

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