Hello,

in case of mutual consent divorce all the conditions have to be decided by both the parties. The petition is filed after both the parties agree on all the conditions including custody and alimony.

Regards

Yes you can seek alimony if divorce is mutual.consent you can as condition of mutual consent divorce ask alimony and same.csn be written in mutual divorce agreement.

You both can mutually decide that.

Mutual divorce take around 6 months.

Custody and alimony can be mutually decided between you and your husband mutually.

You can withdraw any time before the second motion before divorce is finalised.

Dear client.. 1)definitely u can seek alimony in mutual divorce..

2)borh  the parties should decide.. and do agreement on settlement of Alimony..

3) mutual consent divorce will take..6to 8 months.. 

4) Ur  child is very young..1.8 year..then definitely  for sure Mom will get the custody..

5)yes drdefinite u both can withdraw the dicidivi..in mutual..

1) Alimony is decided by judge in the court.

2) The alimony will be 25% salary of your husband and as per living of standard at matrimonial home.

3) In mutual consent divorce you will be getting one time maintenance amount i.e. Lumpsum amount that you have to decide.

4) Mother will get custody of infant. 

5) When you file for divorce in court there is cooling period of six months than case starts.

If you both agree to the terms of maintanenance amicably in your agreement and thereafter he agree to give you maitanence then you are bound by the agreement and cannot file maintenance under section 25 Hindu marriage act or Section 125 of Cr.P.C.

Both you and your spouse should decide that who is going to have the physical custody of the child, duration of visitation rights and interim custody during summer and winter vacations and other holidays. Both parents are equally competent to take the custody of the children. It’s the understanding and agreement between parties which prevails subject to the welfare of the minor children. Parties can have an understanding of joint custody or shared parenting in mutual consent divorce process. 

you can withdraw it alone.One of the parties may withdraw his or her consent at any time before the passing of the decree. 

Yes you can . It depends on his income and expenses. You can withdraw the same before final hearing of the case.

the alimony amount can be demanded by you depending upon the financial status of the husband, if the divorce is MCD, then you both should arrive at a reasonable amount an present it to the judge. an MCD takes 6 months. the custody issues should also be decided by you as you are taking an MCD. in case you want to contest it that can be done.you can withdraw the petition in between.

regards

You can insist on alimony as condition for divorce by mutual consent 

2)it depends upon husband income , standard of living , wife income etc 

3) custody of minor child is given to mother 

4) you can withdraw your consent for divorce 

Standard of living woukd be life style you are are accustomed to after marriage 

See living of standard means the life style you lead with your husband basically it relates to the salary of husband . Furthermore in mutual divorce better if decided mutually.

Dear Madam,

My answers are as follows:

Can I seek alimony from my husband if the divorce is on mutual concent?

Ans: Yes, if he not agreeing to give alimony then you need not agree for mutual divorce.

How much could that be ? Who decides on it?

Ans: In mutual divorce both of you must decide it. In case  contested divorce the Court will decide on the following formula

And how long could the process take?

Ans: It may take 2 to 12 weeks.

We have a 1.8 years old infant. Who’d get his custody?

Ans: Normally mother will be given custody till the age of 5 years

What if in between we wish to withdraw the decision?

Ans: Yes, you can withdraw it.

What is the meaning of living of standard at matrimonial home?

Ans: The wife will be given the alimony on the life style standards maintained by the husband (matrimonial home)

================================

Supreme Court sets alimony benchmark: 25% of ex-husband’s net salary

The Supreme Court has set a benchmark for maintenance to be paid by a husband to his estranged wife, stating that 25% of his net salary might constitute a "just and proper" amount as alimony.
A bench of Justices R Banumathi and M M Santanagoudar made the observation while directing a resident of West Bengal's Hoogly, earning Rs 95,527 a month, to set aside Rs 20,000 as maintenance for his former wife and their son, turning down the man's plea that the amount was excessive. The court said the amount of maintenance or permanent alimony must be sufficient to ensure that a woman lived with dignity after separating from her husband.

Its order came on the man's plea challenging a Calcutta high court order directing him to pay her Rs 23,000 per month. Though the apex court said there was nothing amiss in the high court order, it reduced the amount by Rs 3,000 on the ground that the man had remarried and hence needed to provide for his new family.

HOW TO CALCULATE ALIMONY

Dear Madam,

My answers as follows.

1)what is the max alimony I can claim from him?

Ans: The quantum of maintence must be based of SC judgment which says 25% of salary must be maintenance. Thus it must be calculated as follows

Salary Rs.2 lakhs per month

25% comes to Rs.50,000 multiplied by 12 Months = Rs.6 lakhs  per year.

If you live for another 20 years it comes to Rs.6 lakhs multiplied by 20 = Rs. 1crore 20 lakhs.

You get total compensation of Rs.1 Crore Rs.20 lakhs.

2)can I ask for a property?

Ans: You have no right over property but its notional income may be added to the salary .

Dear Madam,

My answers are as follows:

Can I seek alimony from my husband if the divorce is on mutual concent?

Ans: Yes, if he not agreeing to give alimony then you need not agree for mutual divorce.

How much could that be ? Who decides on it?

Ans: In mutual divorce both of you must decide it. In case  contested divorce the Court will decide on the following formula

And how long could the process take?

Ans: It may take 2 to 12 weeks.

We have a 1.8 years old infant. Who’d get his custody?

Ans: Normally mother will be given custody till the age of 5 years

What if in between we wish to withdraw the decision?

Ans: Yes, you can withdraw it.

What is the meaning of living of standard at matrimonial home?

Ans: The wife will be given the alimony on the life style standards maintained by the husband (matrimonial home)

================================

Supreme Court sets alimony benchmark: 25% of ex-husband’s net salary

The Supreme Court has set a benchmark for maintenance to be paid by a husband to his estranged wife, stating that 25% of his net salary might constitute a "just and proper" amount as alimony.
A bench of Justices R Banumathi and M M Santanagoudar made the observation while directing a resident of West Bengal's Hoogly, earning Rs 95,527 a month, to set aside Rs 20,000 as maintenance for his former wife and their son, turning down the man's plea that the amount was excessive. The court said the amount of maintenance or permanent alimony must be sufficient to ensure that a woman lived with dignity after separating from her husband.

Its order came on the man's plea challenging a Calcutta high court order directing him to pay her Rs 23,000 per month. Though the apex court said there was nothing amiss in the high court order, it reduced the amount by Rs 3,000 on the ground that the man had remarried and hence needed to provide for his new family.

HOW TO CALCULATE ALIMONY

Dear Madam,

My answers as follows.

1)what is the max alimony I can claim from him?

Ans: The quantum of maintence must be based of SC judgment which says 25% of salary must be maintenance. Thus it must be calculated as follows

Salary Rs.2 lakhs per month

25% comes to Rs.50,000 multiplied by 12 Months = Rs.6 lakhs  per year.

If you live for another 20 years it comes to Rs.6 lakhs multiplied by 20 = Rs. 1crore 20 lakhs.

You get total compensation of Rs.1 Crore Rs.20 lakhs.

2)can I ask for a property?

Ans: You have no right over property but its notional income may be added to the salary .

Dear Madam,

My answers are as follows:

Can I seek alimony from my husband if the divorce is on mutual concent?

Ans: Yes, if he not agreeing to give alimony then you need not agree for mutual divorce.

How much could that be ? Who decides on it?

Ans: In mutual divorce both of you must decide it. In case  contested divorce the Court will decide on the following formula

And how long could the process take?

Ans: It may take 2 to 12 weeks.

We have a 1.8 years old infant. Who’d get his custody?

Ans: Normally mother will be given custody till the age of 5 years

What if in between we wish to withdraw the decision?

Ans: Yes, you can withdraw it.

What is the meaning of living of standard at matrimonial home?

Ans: The wife will be given the alimony on the life style standards maintained by the husband (matrimonial home)

================================

Supreme Court sets alimony benchmark: 25% of ex-husband’s net salary

The Supreme Court has set a benchmark for maintenance to be paid by a husband to his estranged wife, stating that 25% of his net salary might constitute a "just and proper" amount as alimony.
A bench of Justices R Banumathi and M M Santanagoudar made the observation while directing a resident of West Bengal's Hoogly, earning Rs 95,527 a month, to set aside Rs 20,000 as maintenance for his former wife and their son, turning down the man's plea that the amount was excessive. The court said the amount of maintenance or permanent alimony must be sufficient to ensure that a woman lived with dignity after separating from her husband.

Its order came on the man's plea challenging a Calcutta high court order directing him to pay her Rs 23,000 per month. Though the apex court said there was nothing amiss in the high court order, it reduced the amount by Rs 3,000 on the ground that the man had remarried and hence needed to provide for his new family.

HOW TO CALCULATE ALIMONY

Dear Madam,

My answers as follows.

1)what is the max alimony I can claim from him?

Ans: The quantum of maintence must be based of SC judgment which says 25% of salary must be maintenance. Thus it must be calculated as follows

Salary Rs.2 lakhs per month

25% comes to Rs.50,000 multiplied by 12 Months = Rs.6 lakhs  per year.

If you live for another 20 years it comes to Rs.6 lakhs multiplied by 20 = Rs. 1crore 20 lakhs.

You get total compensation of Rs.1 Crore Rs.20 lakhs.

2)can I ask for a property?

Ans: You have no right over property but its notional income may be added to the salary .

Dear Madam,

My answers are as follows:

Can I seek alimony from my husband if the divorce is on mutual concent?

Ans: Yes, if he not agreeing to give alimony then you need not agree for mutual divorce.

How much could that be ? Who decides on it?

Ans: In mutual divorce both of you must decide it. In case  contested divorce the Court will decide on the following formula

And how long could the process take?

Ans: It may take 2 to 12 weeks.

We have a 1.8 years old infant. Who’d get his custody?

Ans: Normally mother will be given custody till the age of 5 years

What if in between we wish to withdraw the decision?

Ans: Yes, you can withdraw it.

What is the meaning of living of standard at matrimonial home?

Ans: The wife will be given the alimony on the life style standards maintained by the husband (matrimonial home)

================================================

Supreme Court sets alimony benchmark: 25% of ex-husband’s net salary

The Supreme Court has set a benchmark for maintenance to be paid by a husband to his estranged wife, stating that 25% of his net salary might constitute a "just and proper" amount as alimony.
A bench of Justices R Banumathi and M M Santanagoudar made the observation while directing a resident of West Bengal's Hoogly, earning Rs 95,527 a month, to set aside Rs 20,000 as maintenance for his former wife and their son, turning down the man's plea that the amount was excessive. The court said the amount of maintenance or permanent alimony must be sufficient to ensure that a woman lived with dignity after separating from her husband.

Its order came on the man's plea challenging a Calcutta high court order directing him to pay her Rs 23,000 per month. Though the apex court said there was nothing amiss in the high court order, it reduced the amount by Rs 3,000 on the ground that the man had remarried and hence needed to provide for his new family.

HOW TO CALCULATE ALIMONY

Dear Madam,

My answers as follows.

1)what is the max alimony I can claim from him?

Ans: The quantum of maintence must be based of SC judgment which says 25% of salary must be maintenance. Thus it must be calculated as follows

Salary Rs.2 lakhs per month

25% comes to Rs.50,000 multiplied by 12 Months = Rs.6 lakhs  per year.

If you live for another 20 years it comes to Rs.6 lakhs multiplied by 20 = Rs. 1crore 20 lakhs.

You get total compensation of Rs.1 Crore Rs.20 lakhs.

2)can I ask for a property?

Ans: You have no right over property but its notional income may be added to the salary .

Supreme Court sets alimony benchmark: 25% of ex-husband’s net salary

The Supreme Court has set a benchmark for maintenance to be paid by a husband to his estranged wife, stating that 25% of his net salary might constitute a "just and proper" amount as alimony.
A bench of Justices R Banumathi and M M Santanagoudar made the observation while directing a resident of West Bengal's Hoogly, earning Rs 95,527 a month, to set aside Rs 20,000 as maintenance for his former wife and their son, turning down the man's plea that the amount was excessive. The court said the amount of maintenance or permanent alimony must be sufficient to ensure that a woman lived with dignity after separating from her husband.

Its order came on the man's plea challenging a Calcutta high court order directing him to pay her Rs 23,000 per month. Though the apex court said there was nothing amiss in the high court order, it reduced the amount by Rs 3,000 on the ground that the man had remarried and hence needed to provide for his new family.

HOW TO CALCULATE ALIMONY

Dear Madam,

My answers as follows.

1)what is the max alimony I can claim from him?

Ans: The quantum of maintence must be based of SC judgment which says 25% of salary must be maintenance. Thus it must be calculated as follows

Salary Rs.2 lakhs per month

25% comes to Rs.50,000 multiplied by 12 Months = Rs.6 lakhs  per year.

If you live for another 20 years it comes to Rs.6 lakhs multiplied by 20 = Rs. 1crore 20 lakhs.

You get total compensation of Rs.1 Crore Rs.20 lakhs.

2)can I ask for a property?

Ans: You have no right over property but its notional income may be added to the salary .

1. The mutual consent divorce is nothing like a mutual agreement where mutually agreed terms and conditions are set forth.

2. Since it is mutual consent the court has no say in it and all the terms of settlement like alimony , exchange of articles and child custody, if any, is mutually agreed by the parties.

3. So the amount fixed at is a negotiated amount and standard of living or income of husband has no consideration in this case. So put a demand and see how much he can pay.

Good luck.

Living of Standard means how much expenses and luxurious life you were living in the matrimonial home.

1. In mutual consent the spouses themselves decide what amount of alimony, if any, is to be paid.

2. If there is consensus on amount of alimony in mutual consent divorce then you may unilaterally file a DV case to claim maintenance for yourself and child under section 12 of DV Act,

3. Ordinarily, the custody of a child who is 1.8 years old is granted to mother, but this is not a cast iron rule as courts have to decide custody matters on the basis of welfare of child.

Dear Madam,

My answers are as follows:

Can I seek alimony from my husband if the divorce is on mutual consent?

Ans: Yes, you can seek alimony from your husband.

How much could that be ? Who decides on it?

Ans: The quantum of maintenance must be based of SC judgment which says 25% of salary must be maintenance. Thus it must be calculated as follows
Salary Rs.2 lakhs per month

25% comes to Rs.50,000 multiplied by 12 Months = Rs.6 lakhs  per year.

If you live for another 20 years it comes to Rs.6 lakhs multiplied by 20 = Rs. 1crore 20 lakhs.

You get total compensation of Rs.1 Crore Rs.20 lakhs.

And how long could the process take?

Ans: If it is mutual consent divorce, the process will take as early as possible i.e. with in 6 months.

We have a 1.8 years old infant. Who’d get his custody?

Ans: Upto 5 years the mother is absolute custodian of child.  After that court will decide.

What if in between we wish to withdraw the decision?

Ans: Yes, Even though it is a mutual petition, you can withdraw it alone.One of the parties may withdraw his or her consent at any time before the passing of the decree. The most important requirement for a grant of divorce by mutual consent is free consent of both the parties.

It means that whatever standard of leaving he provided you during Marriage will be a basis to award you alimony by court under which you can maintain the same after divorce

1. The terms for signing the MCD shall have to be finalised and signed before hand.

2. In the said MOU which will be part of the MCD petition, you shall have to incorporate all the terms you wish to i.e. maintenance for you and your child, your child's custody etc.

3. The decree of divorce based on the MCD petition jointly filed by you shall be decided by the Court within 6 & 1/2 months from the date of its filing when both the parties shall have to appear before the Court on the day of the 2nd motion to confirm that both of you want divorce.

4. If any one of you refrain from appearing before the Court or withdraws his/her consent for the MCD, the said applaction for MCD will be rejected within 18 months from the date of its filing or when it is withdrawn.

1. In case of divorce based on mutual consent, the alimony/maintenance will be predecided by both of you before signing the MCD petition.

2. All such terms will be mentioned in a seperate MOU executed for thisn purpose which will be considered as part of the MCD petition.

alimony is at discretion of court 

2) there is no hard and fast rule that you would get x amount as alimony or monthly maintenance 

3) in some cases courts  have awarded 25 to 30 %of net salary as monthly maintenance 

4) court considers husband salary , wife salary , standard of living , dependents if any in determining amount of maintenance 

No if there is one time settlement and you remarry you don't have to return amount back.

No you will get it under Special marriage act it doesnot effect right of maintenace of you and your son.

You can remarry, alimony not refundable and OT amount is preferable if you are expecting remarriage or job or both.

Alimony has nothing to do with caste and grants on parity irrespective of caste/religion. 

1) If you take one time maintenance lumpsum amount than you can go for remarry second marriage. No need to return money back.

Check how much he is ready to pay you as one time maintenance amount.

It will depend on the courts calculation and reasoning.

1. Under which Act did you marry? Was it under Special Marriage Act? 

2. As already stated in my earlier posts, the alimony shall have to be mutually predicided by both of you while jointing filing the mutual consent divorce petition.

3. If you file a contested divorce petition and not a mutual consent divorce petition, then the alimony and the issue of child custody will be decided by the Court.

4. Ordinarily 1/3rd to 1/4th of net monthly earning of the husband is awarded to the wife if she is not employed and til she gets remarried or gets employment.

5. Mother is considered as the natural guardian of her child till his 5 years of age. So, in the instant case, you are expected to get the custody of your child.

The child shall remain in the custody of mother till it attains5 years of age, however father can have visitation rights till then as per mutually agreed schedule or by an order of court in this regard.

As far as alimony in mutual consent divorce it can be decided mutually and reduced to writing in a MOU.

If you withdraw the decision in between then divorce petition will be dismissed.

Living of standard at matrimonial home means you may demand alimony to the extent of maintaining yourself to that standard.

Your marriage solemnised under special marriage act has nothing to with the alimony aspect.

If you receive one time settlement and remarry you need not return the alimony amount.

Your calculation about alimony do not have answer in law. There's no yardstick to measure the quantum of alimony.

the alimony amount is rough can  be calculated but can be changed as per the facts and circumstance of the case. there is no cut and dried formula and you have to present yopur case in a manner that suits your interests.

regards

Dear Sir,There is no jacket formula for calculation of alimony. It is the maximum and the Courts always goes with reasonable alimony. In this background you need not worry.

See if he intentionally quits job court can still order amount and further see for survival.he need job court proceeding can be initiated again after he obtain job.

No you don't have to pay alimony to husband if he obtain custody.though if you are earning the court may ask.to share.childs expense.

1. One time alimony is not paid except if there is mutual divorce, else it is monthly maintenance.

2. Maintenance is payable unless and until wife remarries.

3. You may apy for divorce under Special Marriage Act and seek maintenance and monetary compensation under Section 12 of DV Act.

1. Even if he quits he cannot be absolved of his liability to pay maintenance. Supreme Court has now ruled that husband may have to beg or borrow but he has to pay maintenance.

2. At the most a lesser amount may be awarded by the court. 

Even if husband is jobless does not absolve him of his responsibilities to maintain you and child 

you don’t have to pay alimony to your husband 

custody of 2 year child would be awarded to mother only 

In rare cases woman pays alimony to man in India. He will be mostly asked to provide alimony. You need to only at alimony for your child in rare circumstances if custody goes to husband

You can strongly protest his child custody case.

If the custody is given to him you need not pay maintenance amount.

Let him file a petition which can be challenged properly.

I don't he would take such a drastic step of leaving his job but if he does so he cannot and hence will not pay any maintenance amount or alimony. No you dont have to pay any alimony to the husband.

Dosen`t matter . Obligatory on husband to maintain his wife. Jobless not an excuse to deny maintenance.

No.

Dear Madam,

That is being done by many persons. Even then some judges passing orders for maintenance on the basis of previous years income. It all depends upon how your advocate present your case before the Judge. The law says the burden to rear child lies with both the parents and share equally if both are working people.

1. It is highly unusual taht some one will quit his job to avoid paying alimony to his wife and child.

2. However, the is a Judgement poassed by the Supreme Court opining that the husband shall have to pay the maintenance/alimony by begging or borrowing if he has no employment.

3. You shall not be entitled to maintenance if you are employed but your child will be entitled to.

4. The custody of a child's of 1.8 years old shall not go to his/her father. Rest assured.

Dear Sir,

Even husband remains unemployed the courts passing interim maintenance to be paid by husband.  You need not pay anything to husband since he voluntarily quit the job.  At the most you have to share 50% of expenses of your child if you have personal income.