• Divorce settlement

Hi- I am presently an NRI with my wife live outside India. We dont have any kids and have been married for 2 years (arranged), and both of us are from same city in India. 
I have been having issues in my marriage since day1- where there has been constant mental torture, abusiveness, expensive shopping demands (which if not met result in lot of fights and abuses from her end towards my parents). 
I have tried involving her parents but there doesnt seem to suggest any change or respite from these daily mental hassles (they acknowledged that their daughter is childish and will evolve with time). The only way I feel a solution is possible now is divorce as I cant take this any more. I wanted to know what are the costs involved (both with or without mutual consent), timeline for settlement and what all potential damage can be caused (monetary and non-monetary)?
Asked 4 years ago in Family Law
Religion: Hindu

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16 Answers

The mutual consent divorce is on terms of parties and takes 6 months around to settle and Maintaince and other claims are decided by parties and settled.

If you go for contested divorce on ground of cruelty the same is needed to be proved and it takes around three years or more ,court decide alimony maintenance in this on application of wife seeing your salary her salary qualification.

There can be other false cases against you.such as 498a domestic violence and they can increase legal hassels. So it's better to go for mutual consent divorce.if your wife agrees.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Dear client: Based on your inputs it seems mutual consent would not be possible.Before being mentally prepared for divorce start collect ingredients as proof to justify your divorce application in court. Secondly in your case maintenance cost payable after judicial partition ( if granted ) would be more on higher side.

Cost for filing notice/case need more inputs to set the things on track.

Vijay Sahni
Advocate, Delhi
28 Answers

4.0 on 5.0

Hi there

U may file 13(B) Divorce via mutual consent,

As far as monetary loss is concerned that completely depends on the courts discretion but your salary and allowances would be taken into consideration.

You may also settle this with your wife amicably, as one time settlement

Aashish Singh
Advocate, Lucknow
6 Answers
1 Consultation

4.0 on 5.0

1) you can file for divorce by mutual consent.. it takes around 6 months

2) if wife refuses to agree for divorce by mutual consent you can file for divorce on grounds of mental cruelty

3) contested divorce cases take 5 years to be disposed of

4) you would have to pay alimony to your wife if she is not working or there are substantial differences in your income

Ajay Sethi
Advocate, Mumbai
87976 Answers
6207 Consultations

5.0 on 5.0

The divorce petition requires at least 6 month separate living to file petition. The cost of petition depends on Advocate to Advocate depending upon their expertise and fee as the court expenses are not to high.

While the proceeding of the divorce petition at the mediation time the mutual concent or the contested should be decided . Mutually agreed petitions are decided quickly and gives you opportunity to move on in approximately 1 to 2 years as per the response of opposite party.You should be mently prepared to face some criminal cases like domestic violence, 498a etc in the divorce is not being contested mutually.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

If you are filing for divorce by mutual consent it will take six months. Without mutual consent the proceedings may last for three years apart from lawyer fees, your wife may claim permanent alimony or lifetime maintenance. It will depend on terms conditions agreed by your wife in mutual consent divorce. But in your case there are chances she may not agree for mutual consent divorce. If she doesn't agree file for divorce under Sec 13(1)a of Hindu marriage act. But you need to have proof to show she's causing cruelty.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

1) In foreign land you can go for Mutua Consent Divorce only which is approve in India. And not judicial separation.

2) If your wife is working than she is not entitled for alimony, however if she goes for one time settlement it will be charge your 25-30% of your monthly income and multiple till average age of 60 years. It's depends upon what is your wife's age and your income.

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0

Dear Querist

for the mutual consent divorce, the time will be six months and the cost depends on the lawyer.

the contested divorce can take more than two years.

Feel Free to call

Nadeem Qureshi
Advocate, New Delhi
6220 Answers
302 Consultations

4.9 on 5.0

Fees varies based on counsel. If parties agree for divorce by mutual consent, then for 2 hearings, parties has to appear. On conclusion of 2nd hearing orders shall be pronounced.

Rajaganapathy Ganesan
Advocate, Chennai
2085 Answers
8 Consultations

4.9 on 5.0

Hi

Going by contents of your post, it looks like you attained impasse.

Have detailed deliberations / discussions with your wife first and parents of both parties try to reach for settlement.

Ideal option in your case would be MCD.

It is one time settlement and you may incur an expenditure ranging from 50k to 100k depending on your city.

If you go for contested divorce, it will take away lot of time and money apart from lots of tensions.

Sincere suggestion would be to go for MCD and have one time settlement, it can be concluded between 6 months to one year.

If you go for contested dicree, it will take some where around 3 years upwards. Apart from facing cases viz., Domestic Violence, 498A, Sec.125 maintenance and other criminal cases etc.

Good Luck

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

Cost/Fee which a lawyer with decent exp. will charge you for MCD(mutual consent divorce) in Delhi/Bengaluru would be about 40k. A contested divorce may cost you a little more.

Timeline:

MCD- 6 months, if the cooling off period is not waived.

Contested- Depends on the city where the case in contested. In Bengaluru, this would take around 1.5-2 years.

She may ask you for payment of a huge sum of money as alimony, in case she agrees for MCD.

Vibhanshu Srivastava
Advocate, New Delhi
9427 Answers
245 Consultations

5.0 on 5.0

Hello,

Mutual consent in India will take between 30K to 50K depending on the lawyer you engage.

month time will be taken in getting the same decreed.

For this you will have to enter into the terms of settlement with your wife, which are amicably agreeable to both of you.

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Other option is filing contested divorce

The same will take 2- years and is a complicated process .

The same can be filed by you on the ground of mental cruelty

Fee for the same will vary as per the lawyer, some might ask you for a lump sum amount and the other might ask you the fee per appearance

In which city the case will be filed?

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

1. You shall have to collect evidence of her cruel acts on you by audio/video recording her conversations and abuses.

2. Thereafter file a divorce suit in India at your place on the ground of cruelty submitting the evidence in support of your allegations. Divorce in India can be filed only on grounds acceptable by Indian law like cruelty.

3. You can also negotiate with her for jointly filing mutual consent divorce petition on agreed terms which will be disposed of with in 6 & 1/2 months from the date of its filing.

4. Lawyer's fees vary from court to Court, Lawyer to Lawyer and Place to Place. In Kolkata, a suit can be filed by paying legal fee of rs.40 K to Rs.50 K and the appearance fee will be around Rs.3 K.

5. In filing MCD, there will be hardly two appearances and in contested divorce cases, there will be multiple appearances spanning up to 2 to even 4 years depending on the period for which the case runs.

6. If you file divorce suit, she might lodge false police complaint u/s498A of IPC alleging dowry harassment, DV case and also application for maintenance from you.

Krishna Kishore Ganguly
Advocate, Kolkata
26614 Answers
726 Consultations

5.0 on 5.0

If you have planned to file a divorce petition either mutual consent or contested, you can very well file it in your home town too.

The advocate's fee will depend on the advocate you would like to engage.

The mutual consent divorce can be disposed within a month also.

The contested divorce may drag on to years.

T Kalaiselvan
Advocate, Vellore
78133 Answers
1543 Consultations

5.0 on 5.0

I would first advise you to try marriage counselling. If that fails, you can then file for Divorce. Although you have mentioned that presently you are residing out of India, assuming that the proceedings are to be filed in India, the timeline should be minimum 3-5 years for a contested matter in the lower Court. Potential damages can be maintenance awarded to wife by Court if she is not working or if her income is not sufficient for her day to day expenses. Assuming that you wish to get a Divorce in USA, though it would be easier and less time-consuming but if you are married in India and propose to return to India, the said Divorce Decree will be difficult to execute, unless and until it is by Consent.

Radhika Mehta
Advocate, Mumbai
484 Answers
4 Consultations

5.0 on 5.0

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