Mutual divorce and alimony?
shruti
(Querist) 28 July 2013
This query is : Resolved
I got married in 2012 march. Till my husbands relatives were there at home after our marriage for other cermonies he was behaving gud with me nd shared the same room once they left he started sleeping in different room and stopped talking to me. Latter, I was asked to go to my home and come back after, as his brothers family is coming from US nd they dont have a room to sleep as one room was occupied by me, one by his parents and the other room by him.
Now, we both want to file for mutual divorce but I want future security as well with mutual divorce.
My query is can ask alimony with mutual consent?
Please answer this asap, as he alongwith his family going to come today to my home for signing mutual divorce papers.
prabhakar singh
(Expert) 28 July 2013
My query is can ask alimony with mutual consent?
YES !YOU HAVE A RIGHT TO ASK ALIMONY FOR WHICH YOU SHOULD COMPETENTLY NEGOTIATE WITH HIM WITH FULL BARGAINING POWER AND GET FIX A SUM TO BE MENTIONED IN MCD PETITION TOGETHER WITH TERMS AND TIME OF PAYMENT PRIOR TO PASSING OF DECREE BY COURT.YOU SHOULD ASK HIM TO PAY 1/2 OR 1/4 JUST BEFORE SIGNING.
shruti
(Querist) 28 July 2013
Thank you sir.
R.K Nanda
(Expert) 28 July 2013
nothing to add.
Sushil Sharma
(Expert) 28 July 2013
What if he is not ready to pay rest of amount after signature of 2nd motion
prabhakar singh
(Expert) 28 July 2013
She has been advised to have all before decree.
Rajendra K Goyal
(Expert) 28 July 2013
Well advised by the expert prabhakar singh ji. If the family of the husband do not agree for alimony easily, the arm has to be twisted by refusing to sign MCD and if signed refusing at first motion.
Raj Kumar Makkad
(Expert) 29 July 2013
Every term of the MCD is decided by both parties in mutual consultation including the amount of alimony and its mode of payment.
shruti
(Querist) 29 July 2013
Thank you all for your advice, but as expected my hubby nd in-laws didn't turn up. I don't know whats going on in there minds.
Now my query is if I approach them for mutual consent and if they dont agree then should I go for 498a or wait for them to agree?
Secondly, will I still be eligible for alimony if I file for 498a?
I do not have any proofs of mental torture which I have gone through all 9 months of my stay at in-laws place.
ajay sethi
(Expert) 29 July 2013
wait for them to agree . dont file 498A now
V R SHROFF
(Expert) 29 July 2013
2012 march u married:
u did not mention date of separation.
It must be July 12 or earlier to file MCD.
Pl note.
So delayed for 1 yr to lodge cruelty complain??
Ur complain is, u r asked to go out of home as there are no sufficient independent bed rooms.
It cannot be acceptable ground for Divorce.
Better go to Marriage Councillor to find out a better alternative.
