1) welfare of child is paramount consideration
2) you would get custody of your child
3) you can seek alimony from husband and maintenance for children
4) husband has to return your stridhan
I got married in 2008.since the beginning of my marriage my husband started hitting me , mental torture for doing simple marriage. This has come to such an extent that he physically tortured me so badly that we even got medical done and donestic assault was confirmed by govt doctors. Even then after some months we decided to give our marriage another chance because of kids. My son is 9 yrs old and daughter is 2 years old. But now his sex sickness has crossed all limits of being normal that i can not bear. He trapped me in his plan of infidelity by misusing my photographs. My question is can i get child custody in mutual divorce and is he liable to give me stridhan and alimony n kids maintenance? Pls help me as soon as u can .
1) welfare of child is paramount consideration
2) you would get custody of your child
3) you can seek alimony from husband and maintenance for children
4) husband has to return your stridhan
See you can seek child custody , maintenance and all your stridhan from husband in mutual divorce if he is ready for same then only give a mutual divorce otherwise you have medical evidence file a police complaint under domestic violence act and 498a along with misusing your photograph.
Once criminal complaint is given and police shall call him he shall agree to demands and settlment if not register the FIR.
In case of mutual consent divorce, terms and conditions of divorce are decided between the parties and Court has no say in it. So, you should not agree for until and unless he is giving you alimony as well as child support.
If you go for contested divorce, you have full legal right to claim maintenance if you are unable to support yourself from your own income. Also, child support can be claimed for your children.
Hello,
Yes you can get the cruelty of the child but for getting the same in mutual consent divorce proceedings the husband will have to agree for the same, otherwise you can file a separate suit of custody.
Yes he is liable to give maintenance both for you and the child.
Regards
Dear Madam,
You can go for mutual consent divorce. And you will definitely get an alimony for yourself and maintenance for your children and absolute right of child custody and also you have every right of your Streedhan.
Instead of giving regular maintenance, it may be possible to make a one time settlement in which the guy gives a lump sum amount to the wife. Often, the lawyers of both sides encourage the women to demand astronomical amounts as alimony. CAW (Crime Against Women) cells often coerce the man and his family as well. Sources tell, there are parties in this whole extortion who get their shares. One of our aims should be to bypass the crooks while negotiating these amounts.
1)what is the max alimony I can claim from him?
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.
1) Yes, you have full rights to get stridhan and child custody.
2) You are eligible to get alimony or monthly maintenance from your husband.
3) On cruelty and torture plus domestic violence ground you can get divorce from him.
In a Mutual Consent Divorce, the terms depend upon the consensus between the parties. Before sitting down for talks, you need to be clear as to what you want in terms of custody, alimony etc and be firm on the same. All issues have to be resolved at the time of filing Mutual Consent Petition and everything has to be mentioned in the Terms. Do not keep anything pending on the basis of understanding with each other.
If you stand firm on your decision and demand to receive custody, alimony, kids maintenance and stridhan, your husband is bound to give it as legally you are entitled.
Before Mutual divorce execute a MOU through an advocate, terms and conditions about alimony and maintenance of child's, Both parents will have legal custody, but one will have the physical custody (child resides with him or her) and will be the child's primary caretaker.
1..Mutual divorce depends on mutual consent and agreement of the parties.
2. Since it is on mutual agreement the terms of it can agreed on all issues including the terms of custody of the children and alimony, if any.
3. If your husband does not agree on your terms ten you can file case for maintenance under PWDV Act or case u/s 498A IPC.
Dear Client,
You have old medical history of domestic violence. In mutual consent divorce, parties settles their terms bilaterally. No interference of court except granting divorce. Even after MCD, you can claim maintenance for you and kids. Stridhan shall be recover by filing police complain u/s 498a, 406 IPC.
Custody of children shall ordinarily be rest with mother only.
You can demand child custody of your children in the mutual consent divorce as a condition otherwise you dont accept the MCD but you can file a contested divorce on the grounds of cruelty.
You can demand stridhan and also maintenance for you and your children.
If you are employed you may not be eligible for maintenance.
Yes you can decide mutually about alimony and child custody. File consent terms in the court and take mutual divorce