• Divorce case

My wife and me were from different caste and religion. My Wife always quarrel with me mostly in the morning for preparing breakfast and most of the time I had to go empty stomach to the office. She never respect me and always said I am mentally unstable. She never values my hindu rituals and even denies to follow my religion. She want my mother to do all the household works from morning to evening while she rests on the bed or watching TV. She always demands me costly items. She is a house wife and we had a one month baby boy. She always shouts at me and if I had done the same she would call her parents and relatives and said that I beat her inside the room. Her parents also never listen to me. My monthly earning is just 24000. Can I go for Mutual Divorce? I don't want to give her monthly alimony and I want the full custody of my child. Is that possible? And if she signs MCD without making any demand for compensation, did she can demand it later for compensation after we got divorced?
Asked 7 years ago in Family Law
Religion: Hindu

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7 Answers

1. One can always go for mutual divorce provided both the spouses agree on it. It is done on consensus only.

2. Mutual divorce occurs when both parties not only agree on it but also on the terms and conditions regarding alimony and child custody. in such matters court does not interfere.

3. The order on maintenance and child custody happens when mutual divorce is not possible and any of the spouses go to court to seek necessary reliefs.

4. Yes, if your wife remains unmarried and without employment even after MCD she can claim maintenance.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

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Dear Concerned,

Answers Below

Can I go for Mutual Divorce?

Yes you can go for Mutual Divorce but in your case it doesn't see tat your wife will Divorce your.

I don't want to give her monthly alimony and I want the full custody of my child. Is that possible?

No - as your wife is a Housewife and your child is just 1 month old you will have to give the maintenance to your wife as well as for your child and Custody of the child if even Boy then too you will not get before he attains an age of 5 year - difficult even to get after 5 year age in case of a girl child.

And if she signs MCD without making any demand for compensation, did she can demand it later for compensation after we got divorced?

No once divorce is granted on Mutual Terms no claims can be made at a later date

Best of Luck

Atulay Nehra
Advocate, Noida
1309 Answers
58 Consultations

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1) you can file for divorce by mutual consent after stating separate fir one year

2) if your wife agrees you can get custody of your child

3) wife is entitled to alimony after divorce

4) even if she does not claim at time of filing for divorce she can claim it later

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

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Contact a local lawyer

2) he will draft petition for divorce by mutual consent

3) consent terms have to be enclosed to the petition wherein clauses relating to maintenance ,custody of child , return of strredhan have to be incorporated

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

Engage an advocate who will draft you the MCD after getting necessary information from you.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

If she is willing to give mutual consent divorce then you can proceed but I doubt whether she will agree to the your conditions for the same.

You cannot expect her to accept your conditions namely no maintenance and full custody of child with you.

She being an unemployed housewife, she is eligible and entitled to maintenance and it becomes your duty to maintain her or give money for her sustenance including providing her residence.

As far as maintenance is concerned she can claim at a very later stage too, the law will permit her to file and seek maintenance if she has not remarried at that time.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

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What are the things required for a MCD and where can I get it? I don't want to make it very public.

You cannot get MCD anywhere.

You may have to file a joint petition before the family court seeking divorce on the grounds of mutual consent.

you cannot avoid it being made pubic when the case is running in the court

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

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