Before accepting mutual consent divorce

There are minor internal confusion in your way of long term thinking;

1. Ever heard that a property price escalates with time? Suppose the said property today costs 20 L and down line if you repay the loan somehow and retain the property title for next few years I'm sure the market value would then be somewhere around 35-40 L too. This property is not only shelter but is like a F/D for you and for the child.

2. Flip above, MCD is always opted without any compulsions and if you have one two many such hiccups then better opt for divorce via traditional route that is contest plain vanilla divorce without listening if HE is in hurry or not in a hurry. Afterall it is your and minors case. And then wait for a Court to decide on maint. for child and final alimony after years in Court. meanwhile your situation will remain the same i.e. child physical custody, you working and earning.

3. From last 6 months they are neglecting the child is what you say and just basing rest of minor's life on past 6 months happening is not right way to think on long term welfare of child r/w even if HE was not re-marrying suppose child was given to him and then he re-marries then also one should not thinking in that way. Same way it is not full stop for your re-marriage if child is with you and he/they also can think about your second husband?

Your main worry is financial security due to minor's custody and repayment of loan and if brief is re-read then I think current offer is a better deal that you have been offered which many generic ladies in similar situation averagely die for to get so soon.

Keep and no keep in HIS life are all subjective. Long term selfish decisions by a parting spouse should not be based on current emotions is my view.

4. Hence, suggest to opt for MCD while retaining custody of child and get Title of property transferred on your name and see how life treats you now with minor child living under you and having Title of a property while working lady r/w re-paying loan and after few years you can always approach Court under Change of Circumstances on behalf of child to claim for 'maintenance' if circumstances so warrant. It is considered by many a Hon’ble Court and then your overall situation will still not change if remained un-remarried and if I flip this last statement then, probably who knows in few years time you may also be thinking for re-marriage and with next man in life financial situation may also get best for you and minor child which are all so objective!

Bottom line in today’s Court duet it takes years to claim "rights" and suppose if today 2/3^rd. rights are parted amicably by other spouse then a lady in your situation should grab it after all change in circumstances is a contentious ‘right’ by Law has been given to you!

agree with expert

Indeed a valuable advise. Thanks a lot. 

I for got to ask 1 more question that the jewellery they gave me during my wedding is in our joint locker.Do I get it as part of strrdhan or it is theirs?

1.    Istridhan is exclusive property of a DIL aka wife aka bahu of the House which were given just before, during and at any time of the marriage from either side of the family to you.

2.    Whether it is in joint locker or kept in fiduciary capacity by the Family, it is always going to be yours. Infact it should not be kept by the family at all even in good times is my view.

3.    However, since the said valuables are in a joint operation locker it is advisable not to operate the locker during the litigation instead seek Court Commissioner intervention on making an inventory right from checking Locker Register like who operated the locker last to making list of items etc. it will bring clarity on various items and valuable objects kept in it such as which all belongs rightfully to whom instead of litigating endlessly since ‘joint' locker word cropped up in your brief! See one of my old post on Court Commissioner appointment and is easy way ahead to end asked acrimony.

4.    Have clarity in all that you are getting into before signing on dotted lines. Ask more question to the forum as it is question of yours and minors long term well being, financial security and shelter removing word ‘keep’ out of thinking as it is nobodys case made out to be.

Pari, You are not alone to fight like this. Respect your life!! Your husband has married you, a baby born but you are sole responsible to take care of your baby why?? Baby born out of the wedlock. So both are responsible to raise a baby , give baby a comfortable atmosphere . But your husband is not interested in it becoz no he want badly to throw you and kid out of house so that he can marry other lady.
 This is injustice happened on you . You MUST fight . fIGHT AGAINST INJUSTICE HAPPENED TO YOU.

I am fighting for 3 yeas now. staying in the same house. he has not looked at his own kid for now 6 months. he has stopped giving anything for our food,or any necessities and is asking me money to pay for his day care also.he might escape from law but not from his karmas.the whole family in involved in throwing me and my child out.But i am fighting.If Iam going to get the house then it is fine. I have to think of giving a security cover to my child who is actually under constant fear .I have to remove him from this.So I have to end it.I can fight forever cause I am not interested in divorce but it is affecting my child and my parents also to a great extend. We are always in constant fear now what next.

Hell with this man and his family.Millionare may be but his money will go in drains.What you give comes back to you and you will never know when. I beileve in God and he has always helped me.

But I am here to know that what I am elligible and how far I can take it  based on my limits.

Eligible:
1. Child maintenance which is co-extensive (shared equally by both parents) assuming you are also working lady.
2. If grounds exists and same can be proved by you then eligible for divorce.
3. If you can show you are better parent for child then eligible for child custody.
4. Right to residence in shared household or rent in lieu of residence.
5. Free Legal aid from State Legal aid Services Authority to service litigation.
6. Alimony (permanent) based on status of spouse.
7. Retaining istridhan.
8. Being allowed co-petitioner in a MCD proceeding being legal age and giving consent to agreed terms and conditions.
9. If patience exists then eligible to withstand years in litigation.
10. Getting stay on his re-marriage provided some case on floor of a Court.
11. Getting stay on property disposal provided some case on floor of a Court.
12. If can bear high cost of litigation then eligible to withstand years in litigation.
13. Can seek Passport of minor without his consent.
14. Eligible to file S. 125 CrPC + DV Complaint case + S. 498a r/w S. 406 IPC + S. 18, 20 HAMA + S. 24 HMA + Divorce + RCR. Relief depends on probability.

Non-eligible;
1. Maintenance (interim) for self if found working.
2. Share or Title of his self acquired property.
3. Non - eligible for divorce if grounds not proved.
4. Non - eligible for child custody if he claims to be better parent.
5. If no patience to withstand years in litigation then no desired relief cometh.
6. Stay vacation by him on property disposal by challenging Order.
7. To say against (means cannot refuse) child visitation to him / his side of family today or in future.
8. Non – eligible to change religion (caste) of child.
9. Cannot take Child outside ordinary jurisdiction without leave of the Court.
10. If smart Lawyer to his side then para 14 under aforesaid Eligibility criteria made backfire upon you.
11. Cannot force RCR Decree upon a un-willing spouse.  

Limits;
A prospective litigant know self limits better then internet forum hence discover your own self limits.

Suggestion;
1. If child custody given to you; GRAB it.
2. If Title of property transferred to you; GRAB it.
3. Somehow repay loan against transferred property.
4. If ability to work as in generate income capacity there with a spouse, then harmoniously part company while it is sunshine.
5. Today in society 'divorce/divorcee tag' is no more 'DIRTY WORD".
6. Marriages are never meant to be forever TODAY.
7. Talk as in TALK to him. How and when you have to discover otherwise it is said 'spouse TALK only when they meet in Court'

[Last reply]

Normally when case lands up in court the Mud slingling starts 

Originally posted by : Tajobsindia
	7. Talk as in TALK to him. How and when you have to discover otherwise it is said 'spouse TALK only when they meet in Court' [Last reply]

A change of stance as per situtation " you only know your wife when you meet her in court " should be read as " you only know your husband when you meet him court " 

Initally a litigant says i am ready to fight till the end but as dates pass by and years are wasted wandering around courts and money being lost in terms of lawyers fees etc change of cirumstances takes place as a working wife finds it difficult taking leave's from her job .So its better to settle by way of MCD .

Years spend in court battles results in nothing but wrinkles appearing on your face and your hair growing grey .Hence part peacefully and grab the opportunity of house and child but if husband seeks visitation than one day or the other he would be granted the same !!

Hi Tajobsindia

I really appreciate your advise and time.