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Raajeev Sampat. (Self employed.)     12 August 2013

Divorce.

At this stage wife has filed divorce petition,i have then filed w/s i.e.counter to her divorce denying the allegations,she has then filed her affidavit with evidence for divorce.Then i filed for custody,she then filed her w/s i.e.counter to child custody.The court has now asked her to file her affidvait for my custody petition as well.There is no maintainence filed but she asked for permanent alimony to be decided by the court.

My question is that suppose i now decide to give her the divorce and submit to the court that i am agreeable to giving her the divorce,how much time will it take now,the case has gone on for two years already.If i agree to give her the divorce will i have to pay alimony just because i am giving her the divorce?



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 7 Replies


(Guest)

Move section 13.  Divorce will be granted after 6 months.

Raajeev Sampat. (Self employed.)     12 August 2013

Helping hand.Thanks for your response.My query also is that suppose just because i am now agreeing to give her the divorce have i to pay alimony?

HIRAL THAKKAR (ADVOCATE )     12 August 2013

Do visit marriage counsellor in the court premises before opting for the divorce under section 13. Since the alimony application and your have replied to the same then your matter although will be converted to mutual consent divorce, but then alimony will be also have to be decided by court. It is better to have an application made before the marriage counsellors and discuss and decide therein.

adv.raghavan (Advocate,9444674980)     12 August 2013

u didnot inform us on what grounds divorce was filed, if u have agreed to give  divorce under the grounds mentioned by her, it means u r admitting  the grounds,ask her to withdraw petition under 13 and ask to file under 13B, so that it will be mutual so far u have filed for custody petition and she is yet to file affidavit for that, she hasnot filed any petition for permanent alimony, , wait  for that ,if she files then u take a call.

Raajeev Sampat. (Self employed.)     12 August 2013

For permanent alimony do you need to file a separate petition or its enough to be mentioned in the prayer.She has asked for permanent alimony in her prayer.

adv.raghavan (Advocate,9444674980)     12 August 2013

generally people used to file sec 25 of HMA 1955 for permanent alimony and maintanence. in your case u say she had sought prayer in the petition itself,  what is your advocate call?

Raajeev Sampat. (Self employed.)     12 August 2013

Advocate says she is not entitled alimony in any case as she is working in an mnc and makes 50 k a month,lives in her parents home and father is an affluent businessman.In her petition also she says that she went away beacuse i was financially incompetent and unable to maintain the family.Advocate says that it doesnt matter where she asks money and how she does it,as she is earning well.


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