Sandeep (aaa) 07 March 2011

MCD Vs Contested Divorce

Dear Learned Members,

What is the better option to avoide any litigation in future as husband and wife are ready to divorce each other but wife has already taken her LumpSum Alimony and do not want to mention the amount there in MCD Petition however she is ready to put a clause like "she has taken all her ALimony/Future Maintenance in Lump Sum and will not file any civil and/or criminal cases on husband irrespective of the circumstances".

But some one has suggested to the husband that she can file maintenance case in future untill she remarries so its better to file divorce on mental mruelty (Its True as per husband's verson of senario) and wife will mildly contest to the extent it do not get dismissed in this way husband will be able succesfully contest the cases of maintenance if filed in future even if she does not remarries.

Sirs, which option is better from both the partner's perpective.

Thanks

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4 Replies

abhaykumar (officer) 07 March 2011

u both can file a petition for grant of divorce by mutual consent under section13B of Hindu Marriage Act in which it can be mentioned that your wife has received lumpsum maintenance.That admission would be helpful.

ADV Rajesh KASRIJA (ADVOCATE) 07 March 2011

i do agree with mrabhay kumar ji

Raj Kumar Makkad (Adv P & H High Court Chandigarh) 07 March 2011

The option set in the mind of husband has no bearing at all. There are numerous citations wherein it has clearly been help by various courts that if in mutual divorcepetition, wife admits received permanent aliemony and lumsum amount of maintenance then she cannot agitate on these grounds in future. So it is better to file petition under section 13B as both parties are ready and only modality is to be decided.