Finance, Forex and Investments

Is money Provided in first motion of mutual divorce safe?

My Wife is distantly related to me and reason for my marriage under Hindu law was that there will be mutual respect on bothsides. But her mother had her own designs and withh good old mobile phone she kept playing her evil design. Both of us earn really well as we have well paying jobs and money was not an issue ( i spent 12 lakhs on her in 1st year after marriage on just travel restaurants and fun) My Wife left me one and a half years ago in Dec 2009. She was misguided by her parents and maternal uncle(who happens to be a divorce lawyer) and under a well laid out plan she decamped with Jewellery in t he house. Fortunately we discovered it before she left and called her grandfather and capture the entire 3 hr meeting with a hidden camera. I made numerous attempts to meet my wife as I truly love her, however she refused to meet or reply to my mails. Then one day she replied in an email under counsel of her maternal uncle and applied all charges from 498 A , DV act , streedhan, etc. on me , my parents and my sister who does not even live in India. She did not go to court as she knew I had proofs. I kept trying for one year giving options of both reconcillation and mutual divorce , but they never agreed to meet us . After one year they met and abused my parents , threatening to get them straightened with goondas, if they went to court. Now they have agreed to Mutual divorce. We decided on 12 lacs as alimony . However in interim there has been a SC verdict that Both parties can withdraw from Divorce before second petition They want half the money on first petition . In lieu of current SC verdict, How safe will be my money?

Public Comments

1. no. when you get married you share it all. when you break up. so does the money
2. Yes the Supreme Court in Hitesh Bhatnagar verses Deepa Bhatnagar Civil Appeal No. 6288 of 2008 decided on 18th April, 2011 has held that either of the party to the Petition for divorce by mutual consent can withdraw his or her consent for divorce anytime before the decree for divorce is passed by the court. As far the chance of the wife to withdraw her consent for divorce after not only receiving half of the money namely Rs 6 Lakhs she get at the time of first motion but even receiving rest of Rs 6 Lakhs at the time of second motion, however just before the decree of divorce is passed by the court is concerned, it is very much possible, as happened in Anil Kr. Jain Verses Maya Jain Civil appeal Case No.5952 of 2009 decided by the Supreme Court of India on 01.09.2009. Yes the chance of this sort of Blackmailing is very much possible in your case too. Ask your lawyer rather in here in this forum what is safeguard in such case, after all you paid him his professional for this job.