divorce
Querist :
Anonymous
(Querist) 18 March 2010
This query is : Resolved
Hi, I am seeking for some advice as I am planing to end my 20yrs marriage which was forced on me by my parents.I tried to break this marriage by all ways I could before it happened.I tried to work on it for initial 5yrs then gave up for my daughter sake.For past 5yrs we dont have any kind of relationship between us,we stayed like strangers under the same roof,but now we both are tired to full this any further.He wants to start his life again.If we go for mutual concent do I have the right to demand anything from him for my daughter's and my future?
Raj Kumar Makkad
(Expert) 18 March 2010
In the given circumstances, I think you have committed a sin by passing such a long period of 20 years seeking divorce. When your intention from the very initial stage was clear not to live with your husband then why did you gave a chance to give birth to your daughter out of that wedlock?
Be aware daughter do not belong solely of you. Her father has also equal right over her like you. In case of mutual divorce, you can claim for the maintenance till your re-marriage or death, if you are unable to maintain yourself at par with your husband legally and similarly if your daughter lives with you the she shall also be entitled for the grant of maintenance till her marriage.
Parthasarathi Loganathan
(Expert) 18 March 2010
I support Makkadji's apt version. The situation can invite only sympathy and if your resort to legal course of action to emanate solution, you need to first address the grounds for seeking divorce after "physically staying" with your husband for more than 20 years
Santosh Kumar.K
(Expert) 18 March 2010
you can claim for maintenance till your re-marriage and if your daugther will also live wiyh you then you can also claim for her maintenance till her marriage.You can also claim the full amount of maintenance at the time of divorce.But the amount should be reasonable
ad. creaminall
(Expert) 19 March 2010
i agree with all above experts but apart from that both of you have thinked about your daughter. why should she punish? can you or your husband ever think that what will be the mental condition of your daughter? she might live under stress if she is aware with the situation. once you born a child it is a moral duty of both of you to take care of the child and give the best life to your child. insteed of you people tried to throw her under depression? the way you passed 20 years pass the anpother few years more. and when your daughter settle in her life then do what ever you want. this is not legal advice. this is a friendly suggession.
Guest
(Expert) 19 March 2010
The enquirer is asking very simple question. Do not bother her with moral preachings. Yes. Madam. You can seek "mutual consent divorce" and after divorce also, if you are not in a position to support yourself, you are entitled to monthly mainntenance or lumpsum compensation. Your daughter is also entitled maintenance till she is married. If he has got ancestral property, your daughter is entitled to the share, even after the divorce.
