• Divorce from my wife

My wife wants to get divorced from me. We have been married for 3 years and have a 18 months old son. if we initiate divorce now by mutual consent how long will it take.till the time divorce proceedings are going on can my wife stop me from meeting my son.do i have to pay her maintenance till divorce is not granted.she is not working.i earn 1 lakh per month.what is the max maintenance she can demand.can she demand share on my property as well
Asked 2 years ago in Family Law from Gurgaon, Haryana
Religion: Hindu

Mutual consent divorce takes 6 months to be disposed of

2) consent terms should provide that you would have joint custody of your child

3) alimony amount payable to wife should be mentioned in the consent terms

4) wife has no share in your property

5) wife can demand Rs 30,000 a month as monthly maintenance or lump sum alimony of rs 15 lakhs or so

Ajay Sethi
Advocate, Mumbai
66996 Answers
4045 Consultations

5.0 on 5.0

Dear Querist

If you and your wife both want to divorce by way of mutual consent then file under section 13(B) of Hindu Marriage act.

It will take six months.

You have to pay maintenance for the child and she will not be entitle to get maintenance as she get separated from you by mutual consent.

Feel free to call

Nadeem Qureshi
Advocate, New Delhi
5333 Answers
257 Consultations

4.9 on 5.0

Go to a lawyer make a mutual divorce petition, both of you sign it and file it. If you want it urgently show court your urgency and get your cooling period waived off.

Now lets get into facts which you cant deny:

Maintain your child for your whole life, take up the responsibility.

For wife maintain her till you get divorce decree and make sure she re-marries or else she can again seek for maintenance even after divorce if she wants to.

Aveek Bose
Advocate, Kolkata
951 Answers
4 Consultations

4.7 on 5.0

It will take six months for mutual consent divorce, you can amicably settle the matter of alimony and child custody for mutual consent divorce. If your wife does not want to mutual consent divorce then you can file a divorce suit on contest and quantum of maintenance/ alimony will be as per your income and liabilities which may around one forth of your income.

Minansu Bhadra
Advocate, Kolkata
408 Answers
28 Consultations

4.9 on 5.0

Sir app mutual consent se divorce le sakte hai. Mutual consent mein 1st.date par 1st.motion hota hai or first motion par half payment deni hoti hair or six month ki date lagti hai. Six month me bad second motion hota hai jisme bachi hui half payment deni hoti hai. Iske bad me mutual consent se divorce ho jata hai.

Ravinder Mehra
Advocate, Rohtak
12 Answers

4.0 on 5.0

Hello. Yes, you both can get divorce by mutual consent as it has been 3 years of marriage. This will take 6 months only and now with latest judgment if supreme court this period can also be waive off. No, she cannot stop you from meeting your son. In mutual divorce three is Memorandum of understanding where you both if mutually agreed can fix your terms and conditions where she can ask for custody of child or maintenance on monthly basis. Generally it is one third or one fifth but still varies as you have a child too..The court duty is to provide equal standard of living to both husband and wife. Thank you.

Preeti Joshi
Advocate, Gurgaon
7 Answers
1 Consultation

4.0 on 5.0

For mutual consent divorce, there should be a separation period of one year and you can opt for one time alimony along with custody rights and meeting rights of child as agreed by you jointly.

So have a joint sitting and clarify the terms and then proceed accordingly.

Anand Shukla
Advocate, Delhi
473 Answers
12 Consultations

4.9 on 5.0

Respected sir ..

Court will took time upto 6 to 8 months ..She can not stop you from meeting your child as it is your right ...If you want your child with you you can claim child custody along with divorce petition..Sir she will claim 50 thousand as it is half of your salary ..But the court will grant only what it seems fit to maintain her...

If you want to give him less amount of money in maintenance you have to your income les this is the only way ...She is entitled to the property which is owned by you after marriage...

Thanku

Dinesh Sharawat
Advocate, Delhi
971 Answers
6 Consultations

4.9 on 5.0

Mutual consent divorce will take 6months.till the divorce is granted no need to pay maintenance except the court order.maintenance half of your total income.at mutual consent no claim for property as you both don't want to stay with each other and you both don't need for any harassment.but for your kid you need to pay extra money to maintain and till the age of 5years the kid custody will go to your wife..

Atrayee Mishra
Advocate, Chennai
19 Answers

4.0 on 5.0

Mutual consent divorce petition will take 1 - 1.5 years to disposed off. No you can get the order from court of law for meeting rights by placing the application. You have to pay maintenance till the remarriage of her. Parameter for calculating the maintenance is not specified anywhere it is depend on the social and economical status of parties, salary, debts, income, responsibility, living standard of the parties.

Laksheyender Kumar
Advocate, Delhi
734 Answers
2 Consultations

4.8 on 5.0

Hi

Mutual consent divorce takes approximately 6 mothns.

But according to new Supreme Court rulings 6 months time period can be waived off. No she can't stop you from meeting your son.. make a request in court if she does.

In mutual consent alimony depends on you both.

And for maintenance she may not file if you agree for one time settlement.

Thank You

Rahul Jatain
Advocate, Rohtak
951 Answers
3 Consultations

4.9 on 5.0

It will take 6 months and in between as per the SC guideline we can move an application to wave off the cooling off period.

If you two consider going for mutual consent then all the terms as agreed between you two will have to be written down, such clause will include maintenance, alimony, child custody and visitation etc.

And those conditions ill have to be fulfilled before 1st motion of divorce.

You may contact me if some further help is required or you need services of my team in filing the petition for you in the court.

Regards

Anilesh Tewari
Advocate, New Delhi
16920 Answers
259 Consultations

5.0 on 5.0

Mutual consent divorce proceedings will not take more than 6-7 months to conclude.

Your wife cannot prevent you from meeting your son during the pendency of divorce. In case she does, you have a legal recourse.

Whether or not you pay her the maintenance, would depend upon your mutual understanding with your wife. If she is dependent on you completely, and have no source of sustenance other than the monetary support extended by you, you should continue to maintain her.

Quantum of maintenance can be agreed upon mutually.

Unless you part away with your property, she cannot compel you under law to do so.

Vibhanshu Srivastava
Advocate, New Delhi
8573 Answers
134 Consultations

5.0 on 5.0

All your questions are based on assumptions,

You can file for divorce with mutual consent with a valid reason, it can be decreed by the Honourable court as soon as possible.

In the petition file application to meet your son during every month.

Your wife has a right to maintenance and share in property too.

Rajashekar
Advocate, Bengaluru
569 Answers
4 Consultations

4.8 on 5.0

Hi

Use your wisdom before venturing into taking Divorce. Your child will be the most effected.

In reply to your post, if you file for Mutual Consent Divorce (MCD) it may take around six months to one year from taking your case on record by the Court.

However, you need to comply the provisions of MCD in order to convince the court about your issue.

It is your moral responsibility to maintain your spouse and child. If she goes for maintenance you may have to shell out huge sum of money.

Coming to question of Maximum Maintenance, the same depends upon your social status, earnings and also other issues viz., your other financial obligations etc. The court will take all these parameters in to consideration before awarding the same.

However, since you are planning to go for MCD it can be taken care by paying a one time settlement viz., Permanent Alimony at the time of Divorce (all claims, settlements will be covered here), till then you need to take care of your spouse and child.

Think and act before you finalise.

Good Luck.

S Srinivasa Prasad
Advocate, Hyderabad
760 Answers
6 Consultations

5.0 on 5.0

Hello sir , if you are proceeding with mutual consent divorce, then the terms such as maintanace , alimony and custody of child are to be settled on mutual terms and such settlement shall be mentioned in the divorce petiton... The settlement made will be bounding , upon both of you and no future claims will be made after .. 2) the mutual divorce petiton has 2,motions and takes 6 months to recieve divorce decree after filing of petiton

Hemant Chaudhary
Advocate, Gurgaon
4259 Answers
31 Consultations

4.9 on 5.0

Divorce by mutual consent can take around a year. However, now a days if you wife is working then you may say that she is financially sound and is working hence maintenance is not required, however you may pay maintenance for the upbringing of the child. But it depends upon judge to judge and case to case.

Maintenance will depend how you put your case in court, court may grant maintenance order after divorce also, so you have to make up your case.

Varnika Singh
Advocate, Ghaziabad
261 Answers
2 Consultations

4.9 on 5.0

Dar Client,

Condition for filling Mutual Divorce - both living separate from at least last one year. In mutual divorce minimum 6 to 7 months, that can also be waive but in exceptional cases.

If both agreed on mutual divorce than maintenance , visitation rights all may be settle, ?

In case of maintenance, at least 25% of salary is pendented lite .

No share in property except residence right if she is willing to stay with u and want divorce.

Yogendra Singh Rajawat
Advocate, Jaipur
13251 Answers
18 Consultations

4.6 on 5.0

1. Both of you can jointly file a Mutual Consent divorce petition on agreed terms which will be decided within 6 & 1/2 months from the date of its filing.

2. You have the right to visit your son for which you can file an application praying for a direction upon your wife to allow you to visit your son staying with her on specific dates and time.

3. Your wife is entitled to maintenance amount during the pendency of the case and also after its disposal, amount for which shall be decided by the Court against the maintenance application to be filed by her.

4. Maintenance amount shall be decided by the Court. Ordinarily, the Court allows 25% of husband's net mnthly earning as maintenance amount to be paid to the wife.

Krishna Kishore Ganguly
Advocate, Kolkata
22519 Answers
595 Consultations

5.0 on 5.0

In no case parents may be liable for ur accountability

Yogendra Singh Rajawat
Advocate, Jaipur
13251 Answers
18 Consultations

4.6 on 5.0

your parents are not liable to pay maintenance to your wife

2) even if you are unemployed court would direct you to pay some maintenance as it is your responsibility to maintain your wife

Ajay Sethi
Advocate, Mumbai
66996 Answers
4045 Consultations

5.0 on 5.0

1. No, your parents shall have no liability to pay maintenance to your wife which you shall have to do.

2. As per Supreme court order, husband shall have to maintain his family even by begging or borrowing.

Krishna Kishore Ganguly
Advocate, Kolkata
22519 Answers
595 Consultations

5.0 on 5.0

This may happen as you also have a child, court may ask your parents to pay maintenace.

Varnika Singh
Advocate, Ghaziabad
261 Answers
2 Consultations

4.9 on 5.0

Even if you are not working you bound to maintain wife and child there is no escape route

Aveek Bose
Advocate, Kolkata
951 Answers
4 Consultations

4.7 on 5.0

Yes some amount would be payable. But not by your parents.

You convince her for mutual consent divorce with one time payment of alimony(some amount needed to be paid to wife), in that case you can avoid 125 crpc against you.

Rahul Jatain
Advocate, Rohtak
951 Answers
3 Consultations

4.9 on 5.0

The wife can claim maintanace only from her husband and not from her in-laws

Hemant Chaudhary
Advocate, Gurgaon
4259 Answers
31 Consultations

4.9 on 5.0

No. Your parents are not liable to pay maintenance under Hindu Marriage Act 1955.

Preeti Joshi
Advocate, Gurgaon
7 Answers
1 Consultation

4.0 on 5.0

Dude

primarily liability is yours and you alone will maintain your spouse and child.

It is your duty to attend to their basic necessities.

With regard to going against your parents for maintenance, it depends on given situation, net effect is your responsibility to maintain them.

You alone is liable to maintain them.

B.T.W, without having money / not working how are you planning to go for MCD ???

S Srinivasa Prasad
Advocate, Hyderabad
760 Answers
6 Consultations

5.0 on 5.0

Hello X

Every Mutual consent Petition should be finalized as full and final settlement between the parties, which includes past, present and future maintenance towards child and wife. I would advice you that the settlement be prepare in respect of full and finally and also mention about the visitation rights to meet your kids on the vacation or holy days. After full and final settlement and divorce granted on mutual consent you needs not require to pay any single penny being maintenance to your wife and kid.

Thanking you

Thaning you

G. L. Soni
Advocate, New Delhi
61 Answers
2 Consultations

5.0 on 5.0

No, they can not be responsible but you have to pay as per minimum wages act.

The court will consider your income as per the minimum wages act of the state in which you are reside and grant your wife's maintenance, minimum 1/3.

Nadeem Qureshi
Advocate, New Delhi
5333 Answers
257 Consultations

4.9 on 5.0

Sir if it is proved that you hold ample intrest in the property of your parents, it is not unlikely that maintenance can be awarded

Anand Shukla
Advocate, Delhi
473 Answers
12 Consultations

4.9 on 5.0

Your parents are not liable or their personal property can not be brought into the court under divorce cases.

Rajashekar
Advocate, Bengaluru
569 Answers
4 Consultations

4.8 on 5.0

1. Mutual Consent Divorce takes 6 months to come through unless the court decides to waive off the 6 months cooling off period.

2. If your wife stops you from meeting the child then you may file a petition for child custody to claim custody and visitation rights.

3. She may claim anything as maintenance. If you are earning 1 lakhs per month then rest assured she will inflate your earnings to claim a higher amount. It is ordinarily 1/3rd of the net salary of the husband.

4. Your parents are not liable to maintain your wife.

Ashish Davessar
Advocate, Jaipur
26131 Answers
781 Consultations

5.0 on 5.0

No, only you will be liable to pay maintenance.

Regards

Anilesh Tewari
Advocate, New Delhi
16920 Answers
259 Consultations

5.0 on 5.0

When you yourself are dependent on someone else for your sustenance, there is no question of you maintaining your wife. Parents are not responsible for this.

Moreover, she cannot be directly claim maintenance from your parents as long as you are alive.

Vibhanshu Srivastava
Advocate, New Delhi
8573 Answers
134 Consultations

5.0 on 5.0

Since this is a mutual consent divorce, the marriage can be dissolved by a decree of divorce within 10 to 15 days from the date of filing

Before that you can enter into a memorandum of understanding with yor wife about sharing the custody and visitation rights with the child and also about the monthly maintenance of one time setlement alimony amount and for child's future expenses etc.

All these conditions and agreements may be reduced to writing in the MOU.

As both are getting separated mutually, the quantum of maintenance amount also can be decided mutually and not on the basis of your present or future salary income

T Kalaiselvan
Advocate, Vellore
56740 Answers
705 Consultations

5.0 on 5.0

if i am not working and dependent on my parents then will my parents be liable to pay maintenance.

It is always the husband who can be held liable for maintaining his wife and children and not his parents.

T Kalaiselvan
Advocate, Vellore
56740 Answers
705 Consultations

5.0 on 5.0

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