Finance, Forex and Investments

Contested to mutual divorce, negotiation !?

married for 7 years, separated for 3 years (photographs available),we don't have kids. I Filed divorce last year. She blamed back many false allegations (most of them can be proved false because of proofs, good thing is nothing dowry related). She took away all her belongings and signed paper (we have photos). We returned her jewellery later (as it was not at home at that time) and got signed paper too, it was to show good faith. We traditionally don't take dowry, and asked them to not to give dowry too, yet they brought few things (furniture, washing machine) worth of some 25-28000 Rs. They gave some cash, 21000 RS. (In normal world this may not be even called "dahej") we returned that at the time of marriage itself (we have in written). I asked for mutual divorce (after one year separation), she said "have faith on Indian legal system". She told neither I will marry nor I will let (told to other person) ...... case is on now. She is earning good. (asst professor, govt college) Now she says give me jewellery which we (means my mom/we gave to her) gave to use at wedding ceremony, and she will file mutual divorce. So question is, how can I retain our hard earned jewelry. It was for "ghar ki bahu", and it is tradition to pass this jewelry from saas to bahu... this not for any OTHER girl. We may TRY to prove that it was not gifted to her, inside court, but outside everything depends upon negotiation (and at present they do have upper hand specially if I want to save time) Should I give her money ? I can't trust her and her brother,(what should I get in written for dv, can there be instant dv as separation for 3 years and case is running for one year in court already... Rajasthan ) how much money is sufficient to settle (I know it depeds upon individual), but consider if I earn X per month.. then should I give her 4X, 10X,20X or so... She have 5-10 lakhs (eq of jewelry) in mind I guess. At this point, Only bigger thing in my mind is that we were morally excellent, why should we obey what her brother pushing for. But at the other hand, I should think for my future and give her what she ask, I will earn that much in 2 years... get married have kids, have family enjoy ! (on what points I can negotiate)

Public Comments

1. By law, all conjugal property is divided equally if divorced is applied.
2. After 7 years if your thoughts are directing you to think of future and you are confident of earning the damages (compensation) in two years and confident of getting married having kids and enjoy family why not give it a try. Is'int 7 years a long time for facing the torture? Give it a ceremonial burial.
3. I am not sure about Indian law but in law of love it is sometimes best to get this over without too much fighting and time so that you can both move on without too much hurt.I appreciate your family jewellry is important to you. Have you asked her for it back and if so did you explain why?Would you use this at another wedding? It sounds like at the moment things are not too bad keep it that way as much as possible.There are mediatio services in britain which can be accessed via your solicitor.
4. First of all as to the jewellary if she can prove it was gifted to her at the time of or in relation to marriage then it forms part of her istridhan, and she is entitled to it, but we can always strategise and prove that it wasn't meant for her, and she is in wrongful possession of it. Secondly you can surely go in for divorce, even the unilateral one, the one year desertion would make sure you have a upper hand in the Case. And a final word of caution don't enter into any settlement out of court or without the supervision of your counsel. It may not result into a full & final settlement, they may recuse from it later, as has happened in a number of Cases. * Anything else you want to know let me know
5. Consult a good advocate regarding this, visit http://www.advocatekhoj.com/