1) dont file RCR . if you want to stay with wife then only file for RCR
2) maintenance amount if any would be nominal
3) your wife is highly qualified and working hence would not get much alimony
4) amicable settlement is best option
Wife needs divorce and demanding huge amount for settlement (No kids and she is working) Need advice please.
Sir/Madam greetings to all. Iam married for 2 years and I came to know that my wife was forced to marry by her parents. She is working in IT industry and am government employee. After marriage she used to create unwanted argument and quarrel for minor issues. In our 2 years of marriage she lived separately for 1yr 2 months. We have no kids. Now my wife accusing me of domestic violence and filed a complaint in PS. They are ready for getting divorce. They have given 5 lakhs (cash) as dowry and now they are demanding 20 lakhs for settlement. Kindly suggest me what to do? 1. Should I file RCR ? My wife needs divorce and after filing RCR will court order me to pay any kind of alimony to her ? Her annual income is 4.5 lakh and mine 7.2 lakh. 2.If court orders for alimony how much will it be ? As she is working and we have no kids. Or 3. Is legal process or outside settlement through mediators is better for this? Because we came to know that it my take 2-3 years by going legal. Kindly suggest these queries and any kind of advise is much appreciated 🙏 Thank you.
Asked 19 days ago in Family Law
Religion: Hindu
14 Answers
1. No. RCR is wastage of time and money. No court can comple a person to live with other against his/her wishes so even if you succeed even then court order would remain ineffective. since wife is earning so she may not not be able to claim maintenance.
2. None. However, wife may raise demand for seperate residence so court may order to husband to arrange rented accommodation for wife.
3. Yes, mutual settlement is best but inly court order and decree can dissolve a marriage. Except court there is no other mode or authority to dissolve a marriage.
Dear Client,
In your case, with the wife working and bringing in ₹4.5 lakhs per annum and no children, the demand for ₹20 lakhs can be contested as unreasonable. You can file a restitution of conjugal rights petition under Section 9 of the Hindu Marriage Act, but this may not be effective because your wife has already made a declaration to the court for a divorce. Filing RCR may delay the process of divorce, and the court may still order interim maintenance based on both parties' incomes; however, the amount will probably be very minimal considering that she is earning. In case you decide to continue with divorce, amounts of alimony or settlement will depend on factors such as the period of marriage, incomes, and standard of living; since she is earning, the amount may be substantially reduced. A mediated settlement is likely to be faster and less costly than a contested process in the courts, which would take about 2-3 years. Negotiate a mutually acceptable amount of settlement based on her requirements and economic independence to wrap up the matter amicably, avoiding lengthy litigation.
Hope that this helps you to solve your problem.
You can go for the mutual consent divorce instead of the RCR and take an order from the court of MCD.
You can make the first MoU before MCD, and there is no need to pay her alimony as she is a working woman and sufficient to take care of herself.
1. RCR is not a solution besides it is a waste exercise. If you feel that it would be no more possible to tolerate her behavior or continue this marital relationship, you can go for mutual consent divorce on negotiated terms.
2. She is employed and earning a handsome salary income hence she will not be eligible for maintenance or alimony, you collect her income details by documents and fight it out properly in case she files a petition seeking maintenance.
3. It may take two to three years if the case is conducted by contested divorce, hence you can decide about negotiated settlement if you want to get rid of it quickly.
If you file for RCR, the court may order your wife to return to cohabitation. However, if she is adamant about seeking a divorce, this may not be an effective solution..
The court considers the income of both spouses. If the wife has a stable income, it may influence the amount of maintenance awarded, but it does not disqualify her from receiving it.
Since both of you have relatively similar incomes, and there are no children, the court may not impose a heavy alimony burden.
- it is clear that she will not settle on your terms. Filing RCR is of not much use as after passing RCR decree you have to file execution to force her join. It only after another two years if she fails to join, you will be entitled to decree of divorce. For the entire process it will not take less than four years.
- Alimony can be anything between. 10L to 20L. Earnings of wife will not impact amount of alimony like maintenance.
- Any divorce out of Court is not valid. It is not a divorce at all.
- Best option is to negotiate and convince her for MCD, even that will take 1 to one and half years.
To protect yourself legally, immediately gather evidence (messages, emails, financial records) to refute false allegations of domestic violence and dowry harassment. Apply for anticipatory bail under Section 438 CrPC to prevent arrest. If an FIR has been filed under Section 498A IPC or other provisions, approach the High Court for quashing the FIR under Section 482 CrPC, citing evidence of falsity. Refute the demand for Rs. 20 lakhs by insisting on documented proof of Rs. 5 lakhs claimed as dowry and repay it only if legally proven. If reconciliation is not possible, opt for a mutual consent divorce under Section 13B of the Hindu Marriage Act, negotiating a fair and documented settlement. Given your wife’s income of Rs. 4.5 lakh and no children, emphasize her financial independence to argue against with the help of various Supreme court judgments or reduce alimony. If harassment continues, file counter-cases for defamation or misuse of legal processes. Engage an experienced family lawyer for robust legal representation and to expedite resolution.
1. RCR not required here.
2. Alimony never be decided by Court but decided by mutually between both parties and lawyers.
3. Yes mediation is better way but very carefully because this is the process where a wife can get 50% + alimony in advance in divorce cases and then they can deny to divorce husband.
Divorce case can be finished from 6-9 months or max 1 year.
If she is earning up to 7.2L annually then you are on safe side but in divorces you have to compromise.
Let me know if you need any kind of suggestions regarding quick divorce resolution.
Advocate Dinesh Kumar
Family Law Expert | Divorce | 125CRPC | DV | 498A
1. If you can prove her income, maintenance may not be granted.
2. Better settle the matter.
G.Rajaganapathy
Advocate
High Court of Madras
Alimony is a matter of right. She can ask for anything she may think fit and your financial capacity is assessed while deciding alimony. However, it is better to settle the amounts if you have received dowry or gifts etc., Be fair to her also.! If the settlement appears unreasonable, apply for divorce. RCR for the sake of it is not useful. Filing of RCR will not come for your rescue if she succeeds in her divorce or DVC cases!
1. If you wanted to live with her , then you can file RCR
- Further, if she is agreed for the mutual divorce then you both can file a joint petition before the Court after entering into an agreement with her.
- Further, as her income is very sound then she is not entitled any maintenance from you on any ground
2. She can claim alimony , and it depend upon your total income from all sources , however as her income is sound then she cannot get much alimony from you.
- Generally, 1/4 th income of the husband can be considered for the calculation of alimony.
3. Mutual divorce can be granted within a period of 2 to 3 months
- Further outside settlement or divorce not valid .
You can oppose the same on grounds of her qualifications and standard of living during subsistence of your marriage
