Divorce from court after mutual divorce
SSV
(Querist) 19 October 2013
This query is : Resolved
Dear Expert,
Just want to know that i have divorced from my wife by mutual consent without any demand or maintenance but when i was trying to go to the court for file the petition and asked her family to support for signature and other formalities they claimed the alimony of so much amount please advice what to do..
Reason of Divorce is dangerous disease..
Since Mutual Consent draft prepared and singed by both of us as well as our family / relatives where no demand mentioned. in this case if she demands alimony after above is that her rights?? if yes what about mens. Reason of Divorce is her disease which her father accepted in front of all during mutual consent that her diseases are critical and he told that we want divorce.
Devajyoti Barman
(Expert) 19 October 2013
Alimony or maintenance is the right of a married lady and if she refuses to waiver her such right you can do nothing.
You have to give her lump sum in mutual divorce or monthly maintenance unless she is willing to go for it free.
Disease is always curable and the same is not a ground for divorce.
ajay sethi
(Expert) 19 October 2013
your wife can always change her mind before final divorce decree is granted . you have to pay her maintenance or alimony . arrive at an amicable settlement
SSV
(Querist) 19 October 2013
it means there is no way for me if we had all above thing in written and recording too..
prabhakar singh
(Expert) 20 October 2013
Yes!That what that means.You have not disclose the disease to consider further
but noway you can escape from liability of maintenance.
Prithvi Raj Sikka
(Expert) 20 October 2013
maintenance can be avoided and wife can change her mind before filing the divorce with mutual consent
Chattopadhyay Arghya
(Expert) 21 October 2013
what law squarely says is a matter of text, and law; what advocates can do is a matter of law, facts tricks and skill, what you want is vital provided you carry on requirements needed for you on advice of advocate; only thing is that you should not fancy in drawing conclusion yourself and say ,"I have divorced from my wife "when you have not even filed your petition.Above replies are generally accepted position of law, exception possible, otherwise possibility can be created;Do you know you can in certain cases claim maintenance from your earning wife? your wife may come down and settle with you without claim if you can play properly. if circumstances permit.Certain facts if suppressed before marriage can lead cursor to voidable/void marriage. What disease is there?nerve related mental? psychosomatic? call me for further details. 03473210223 between 4pm to 8pm.
Rajendra K Goyal
(Expert) 23 October 2013
Nothing more to add in the given advises.
