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Bittu (sr. software engineer)     15 September 2011

Mutual divorce vs context

I have married on 2005, this was arranged marriage. My father-in-law is very rich man, and my wife is his only one child. After marriage, he always forced me to do this to do that. I never opposed him. My father-in-law and my wife then started new demand. Demand is, I have to stay in my father-in-law’s house. This was first time I opposed them. As a result, on July 2007 my wife left my house. So many times I went to father-in-law’s house to return my wife, but she never come. I told them it is never possible to stay their house because of my parent. They both are aged, except me nobody is there in my house who will take care. But she didn’t care my problem.

 

After 3 and half year separation, on December 2010, I have filed Divorce under section 13A. Court has already sent 4 times Divorce Summon to my wife’s address. But she has not accepted the Summon. On September 2011,  5th time summon, she received the summon.

 

Now, I have some query on my above situation:

1. What is process of Mutual Divorce? They want all things whatever they gave during marriage. I am also ready to give these. But what is process please tell me in details step by step.

 

2. If they want some thing more, then what should I do?

 

3. If I go for context, then what will be the Interim maintenance and Permanent maintenance? Is it will be on my father’s property / my property? Or it only on my salary? For my case, how much I have to pay? Please tell me in details.



Learning

 3 Replies

Avnish Kaur (Consultant)     15 September 2011

its better to go for mutual consent divorce to avoid long delays.

does your wife has any indeppendent income source/ rental income  if yes get proofs.get her ITR if possible.

interim maintenance is usually about one third to one fourt of husbands income depends on how well u argue the case,

for exact details contact an expert lawyer in person.

Adv. Chandrasekhar (Advocate)     16 September 2011

Mutual consent divorce petition means with the agreement between the parties.  So, all the agreed terms shall be reduced in writing and petition has to be filed before the court.  Both parties give their statements before the court.   A date after six months will be given.  On that date also both have to appear and again have to give statements and the divorce decree will be granted.

In consent decree, there is no question of interim maintenance.  Permanent alimony will be according to the parties' settlement and according to their mutual desire.  Your parents' property will not be reckoned in the case.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     16 September 2011

Though most of it has been answered by Adv Chandu clearly.

I would tell you that maintenance can never subsist and whenever there is a change in circumstances, she can always ask for it again.

 

Regards,

 

Shonee Kapoor


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