Mutual Divorce Procedure

Himanshu (Querist) 21 January 2010 This query is : Resolved
My wife is agreed to get Mutual consent divorce against the permanent maintenance of Rs 7 Lacs which has to be paid by me in three installments (2.5+2.5+2 Lacs). We also have a 4year old baby girl whose custody will remain with my wife after divorce. I want earliest & hassle free divorce. But I have doubt that my wife could cheat me anytime after taking the Permanent maintenance/Alimony amount. Currently 498a, D.V, 125 Cr.pc & 340 case are filled on me and are on trial. She agrees to quash all these cases. What are the must do points I have to keep in mind while filling application for mutual divorce so that she would not able to claim any other amount or maintenance on her or child name once the decree of divorce is obtained. In what ratio & when should i have to give this amount to her. Can second motion of Mutual divorce waived off. Will its means that i would get divorce on same day of application filled. I also want right to see & visit my daughter after divorce. Please suggest.
Thanks….

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Guest (Expert) 21 January 2010
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Himanshu (Querist) 21 January 2010
Where is your reply Suwarn Rajan?

R.R. KRISHNAA (Expert) 21 January 2010
Make sure that your wife agrees in writing that the amount received by her is in full and final settlement towards all her claim for maintenance and also for the child and also that she would not make any future claim from you.

Also get it in writing about the visiting rights of the child (weeks/days/time)

The payment shall be made as directed by the court.

Raj Kumar Makkad (Expert) 21 January 2010
I suggest you to make statement of you both in either of the court case (except criminal case) qua compromise and its terms and then start proceeding accordingly. If statement has been made in court proceeding then such person is bound to obey it. So far as permanent alimony payment is concerned, a joint account can be opened with right to operation of joint and the amount can be withdrawan after withdrawal of all the cases and final statement in the divorce case, Any mutually accepted person can also come within in such matter.

You have every right to visit your daughter.

Sukhija (Expert) 22 January 2010
keep the money, I will suggest DD in the name of your wife, for alimony with a common person till all other cases are withdrawn by her and mutual consent divorce is obtained from court.
take an order for visitation rights from court.

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