Maintenace in case of mutual divorce
Rakesh Malik
(Querist) 18 September 2013
This query is : Resolved
Sir,
Today 18 Sep 2013, was hearing of my divorce case in Tis Hazari. It was first hearing after mediation was failed. The ADJ asked me what I want I said divorce. The ADJ also asked my wife what she wants, she said divorce.
ADJ said ok its fine. ADJ asked me what I can give to my wife I said i can provide her monthly maintenance. ADJ said give lump-sum amount. I said I can give between 1-2 lakhs. My wife asked for 15 lakhs. ADJ told that 15 lakhs is too much and 1-2 lakhs is too less. I took next date on 23rd Oct 2013 as I requested ADJ to give some time so that I can think over lumpsum amount.
My wife lived in my home only for one month after marriage. She is MBA and was earning 15k pm before marriage and my salary in today date is 13k pm. My wife says that she is jobless now and we forced her to quit her job when she was in our home. We have no child.
Pls suggest am I bound to give any lumpsum amount. Is there any law by which i can escape giving even maintenance as my wife is well qualified and ability to survive herself.
ajay sethi
(Expert) 18 September 2013
draw attention of the court to your wife qualifications . that she is an MBA highly qualified and was working before marriage and earning Rs 15,000 per month . i presume you have engaged a lawuyer . monthly maintenance is better if your wife marries again you wont have to pay maintenance .
Rajendra K Goyal
(Expert) 18 September 2013
Well advised by the expert, nothing more to add.
R.K Nanda 
(Expert) 18 September 2013
nothing to add more.
V R SHROFF
(Expert) 18 September 2013
MCD is the amicable settlement between h-w
Court will not interfere .
However, if no consent term filed, no divorce.
u said "Pls suggest am I bound to give any lumpsum amount. Is there any law by which i can escape giving even maintenance as my wife is well qualified and ability to survive herself."
these are all useless arguments , having no meaning under sec 13B.
No one is bound to do anything in MCD.
Only Mutual Consent is a must. How u arrived at the settlement is ur h-w headache. Court do not play any part, except mediation. [ Opportunity to settle ur disputes amicably and draw MC.
