• Quantum of one time alimony in case of divorce by mutual consent

Marriage is 11 months old. Wife has alleged cruelty and domestic violence. Marriage is not consummated as husband is impotent. He has also made a fraud by hiding the fact that he is undergoing a psychological treatment and taking heavy medicines for that. He earns approx. 70 lacs p. a.  If the divorce is to be taken by mutual consent to avoid lengthy court procedures, what will be the appropriate quantum of one time alimony that a wife can demand from such husband ?
pls tell the max. compensation. Also, please tell the time duration for mutual consent.
Asked 1 year ago in Family Law from Pune, Maharashtra
Religion: Hindu
1) mutual consent proceedings take 6 months to be disposed of .

2)wife can demand Rs 50 lakhs   as alimony

3) if husband is agreeable to pay said amount mention the alimony  amount in consent terms
Ajay Sethi
Advocate, Mumbai
23165 Answers
1216 Consultations
5.0 on 5.0
1. Mutual consent divorce cannot take place unless and until there is an agreement between the spouses.

2. Mutual divorce gives to the spouses the freedom to agree on any quantum of alimony. It may be in millions or billions. The court would not question it as long as the MOU is flawlessly executed.

3. You cannot claim compensation in mutual divorce. Compensation can be claimed only in proceedings for domestic violence.

4. Mutual divorce will take around 6 months.

5. If the husband does not agree to give the alimony acceptable to the wife then the latter can unilaterally apply for divorce and also claim alimony. 1/3rd of husband's income may be given to her as financial support.
Ashish Davessar
Advocate, Jaipur
18088 Answers
447 Consultations
5.0 on 5.0
This marriage is voidable under your version of impotency of  husband, so there is no question of divorce and alimony. This is a case of annulment of marriage.Better to file a Divorce Suit on mutual consent after admitting of consummation of marriage and quantum of alimony can be settled by mutual bargain and capacity.

Section 12 in The Hindu Marriage Act, 1955
Voidable marriages .?
(1) Any marriage solemnised, whether before or after the commencement of this Act, shall be voidable and may be annulled by a decree of nullity on any of the following grounds, namely:?
12 [(a) that the marriage has not been consummated owing to the impotence of the respondent; or]
(b) that the marriage is in contravention of the condition specified in clause (ii) of section 5; or
(c) that the consent of the petitioner, or where the consent of the guardian in marriage of the petitioner 13 [was required under section 5 as it stood immediately before the commencement of the Child Marriage Restraint (Amendment) Act, 1978 (2 of 1978)*], the consent of such guardian was obtained by force 14 [or by fraud as to the nature of the ceremony or as to any material fact or circumstance concerning the respondent]; or
(d) that the respondent was at the time of the marriage pregnant by some person other than the petitioner.
Minansu Bhadra
Advocate, Kolkata
266 Answers
23 Consultations
4.8 on 5.0
Mutual divorce petition seems to be the most suitable solution. Strike a hard bargain to pay alimony as little as possible. It all depends on mutual settlement to determine the quantum of alimony in mutual divorce.
Devajyoti Barman
Advocate, Kolkata
5186 Answers
54 Consultations
4.9 on 5.0
1. Payment of compensation is mutually agreed whle filing mutual consent divorce,

2. In case of MCD, compensation is not awarded or directed by the Court,

3. In your case his 5 years salary being Rs.350 lakhs can be treated as normal,

4. It will take little more than 6 months for a MCD to be disposed of, from the date of its filing.
Krishna Kishore Ganguly
Advocate, Kolkata
12084 Answers
228 Consultations
5.0 on 5.0
Hello,

1) There is no specific amount as quantum of compensation in a mutually consented divorce. As the term suggests it is to be decided on  consent of both the parties.

2) Alternately you will need to file for independent divorce and file a separate petition seeking one time alimony.

3) It will take six months for a mutually consented divorce to be decreed.
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0
Hi, quantum of alimony is depending upon the fact of each case and there is no hard and fast rule it will depends upon the earning capacity of the husband and his social status and wife is expected  live  the same standard of living as that of her husband.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
Hi
1. You should ask for divorce on account of his impotency and the psychiatric treatment which was hidden from you at the time of marriage. You can file a complaint under 498A and domestic violence asking relief of maintenance, residence order etc.

2. However see the chances of an amicable settlement and ask him for one time alimony.File for  mutual consent divorce. The amount can be asked according to his affordability and his willingness to pay to save his skin and dignity  from the allegations of impotency and  history of treatment of his mental illness.

2. To go ahead with a mutual consent divorce is the best thing can happen in your case, provided that he agrees to pay you an alimony which you ask for.

2. There is no quantumn of alimony can fixed for if you are not mutually agreeable to it.As such no court orders an alimony on its on based on any criteria without applying and fighting for it.in mutual consent divorce parties mutually decide on an amount of alimony to settle their dispute and file the divorce joint petition.

3. The alimony is the monthly subsistence allowance given to wife , if she  cannot maintain herself after the divorce. once the divorce is ordered a wife can file for permanent alimony that which she can asked on the basis of her husband's income , this is asked and ordered on the monthly basis and if parties prefer it they can settle it as one time payment of alimony. This also means that after the divorce a wife has to be maintained as per the living  standard of her husband. If a wife is earning and capable of maintaining  her standard of living  like when she was with her husband , her claims of  maintenance/ alimony generally defended by the other party
4. Take the help of an advocate and initiate the proceedings, if needed send a legal notice , calling up on him to discuss the terms of the MCD, proceed further with a settlement to file the MCD
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0
Dear Querist
its depend on the consent of parties.

as per my opinion one year income as 70L is sufficient as alimony for wife if he is also agree with this or as per the agree with both of them
Nadeem Qureshi
Advocate, New Delhi
3523 Answers
129 Consultations
4.9 on 5.0

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