Mutual divorce
Hari haran
(Querist) 17 February 2012
This query is : Resolved
Dear Experts,
Sir My wife filled a DVA & interim Maintenance on me & in-laws. I have filled an RCR for re-union & visiting rights for my 3 old male child. In Dva it is the time of Chief Examination. As the DVA is a false litigation she is now afraid to face it. Her lawyer is asking us for an Mutual Divorce. As per my mind I need my child for my life & also we cannot compel or request anybody to live with us. So I told ok I am also ready for Mutual Divorce but I need the child or Visiting Rights. Her lawyer said Mother is the natural Guardian of male child according to LAW. But my lawyer told Father is the natural guardian for male child. But they are not willing to give my rights to the child.
1. Which is true sir? Father or mother
2. Can I move the case or shall I go Mutual Divorce?
3. I told them I am ready to give maintenance to child also, In mutual divorce.
Please Clear my doubts sir as I put all these in my mind these thing I got Low BP & illness.
M.Sheik Mohammed Ali
(Expert) 17 February 2012
1. as per guardian act upto 7 years mother hold rights to live the child, after major the male child willing to act.
2. if dont live with her, than decide as your wish
3. at the time of final hearing the court decide whether one time settlement or monthly.
Chaitanya_Lawyer_Mumbai
(Expert) 17 February 2012
1.Court generally keep the custody of child till 5 years with mother.
Child visitaion rights can be demanded till then.
You can file for child custdy till the child attains the age of majority.
2.You can file for divorce on Cruelty grounds,after withdrawing RCR.
3.Maintenance to child is to be shared by both the parents if both are working,irrespactive of who is having the custody.so you may agree to pay around 3000-5000 per month in MCD.
maintenance to wife depands on salary of both.
Generally around 25% of salary is given to wife as maintenance by court.
Cannot comment more as you have not stated the income of both the spouses.
ajay sethi
(Expert) 17 February 2012
it is advisable to go for mutual divorce . however insist on child visitation rights . if your wife is unwilling to do so court would awardyou visitation rights
Kiran Kumar
(Expert) 17 February 2012
divorce by way of mutual consent will be a better option, as far as child custody is concerned at this stage you will have to remain satisfied with visitation rights.
for alimony, better make a one time settlement.
