If she is educated and capable to earn then you can deny her maintenance. But you will have to maintain your child and provide funds for the education

welfare of child is paramount consideration 

2) wishes of your children would be taken into account before awarding custody 

3) you have to pay your wife alimony in event of divorce and maintenance for children 

1. Convince your spouse to agree for Mutual Consent Divorce. Better to  opt Mutual consent divorce route and mutually the husband and wife can take decisions in the matter of child custody, finance, assets, maintenance or alimony, returning the jewellery given by  your parents and relatives etc.

2. In the joint petition to be filed by both husband and wife for dissolution of their marriage U/S. 13-B of the Hindu Marriage Act (Mutual consent divorce) , the custody of child, maintenance, finances, property matters, visitation rights will be mentioned.

3. The reason can be mentioned as due to irreconcilable differences they have been living separately since one year, and their marriage has broken down irretrievably and efforts to bring about reconciliation have also failed.

4. The time for concluding mutual consent divorce will be 6 months and this cooling period of 6 months can also be waived off in certain cases.

If you both mutually agree to get divorced, you both get to decide/negotiate/settle on the aspect of alimony/compensation that you pay to your wife as well as on the aspect of custody of children and their maintennace expenses.

In case of a contested divorce, the Court gets to decide both the above aspects. 

The custody of minor child who is below 5 years shall remain with mother and after that the father is regarded as the natural guardian of the child. Although at the time of granting right of custody of child, the welfare of the child is the paramount consideration that is considered by the court.

1. Well, without levelling allegations divorce can happen only of both parties agree and go for mutual divorce.

2. Otherwise the willing spouse will have to file contested suit for dissolution of marriage on the ground of cruelty and of the allegations of cruelties are proved then and then alone the court can grant decree of divorce.

3.Since both the  children have enough intelligence the court will give due condensation to their choice of parent as far as custody is concerned. 

Kids are grown up now, mature enough to inform their wish, whom they want to stay. In custody matter, child welfare is paramount.

Wife can claim maintenance on the basis of her non earning status, since children expanses are high due to thier age, she can claim max. 10 t0 12 % of net salary.

1. First of all, you 'agree' to divorce, only in mutual consent divorce; not in contested divorce, which it is, in your case. You, through your counsel (Advocate) will plead against this divorce petition and after protracted hearings, will the family court judge arrive at any judgement whether the petition be granted, rejected, or any other decree to be granted. 
2. As you will be pleading against this petition, you MUST also plead against any alimony whatsoever. Further, father is natural guardian of kids. Hence you must also plead for exclusive custody and guardianship of your children. 
3. Whatever I have stated in 1 and 2 follows that you obviously require services of an experienced counsel (Advocate). I extend my expert legal services. You MUST invoke the phone consultation with me here in kaanoon site to consult me for further clarifications, and also to fix up an appointment with me for exhaustive consultation at my office. I'm​ prepared to appear before the family court as your counsel and defend you and your interests before the judge and see to it that no Injustice is done to you

- As per the Hindu law, A wife is also entitled to file one-sided divorce petition on any of the following grounds

1. If the husband is accused of rape, bestiality and sodomy.

2.If the marriage is solemnized before the Hindu Marriage Act and the husband married another woman with the first wife being alive.

3.If the girl was married before the age of 15 and wishes to annul the marriage before she attains 18 years of age.

4.if the spouse is in an adulterous relationship.

5. Any kind of mental and physical injury that may cause danger to life, limb, and health.

6.If the husband voluntarily abandons his wife for a continuous period of 2 years.

7.If the husband converts into another religion , and many other grounds as well

- In case you both mutually agree to get divorced, then the alimony will be decided as per settlement by you both.

Custody of Children:

. In most of the cases fathers gets the custody of the older boys and mother of the older girls. 

- As per the Supreme Court, in case of the custody of a minor, the only consideration is the welfare of the minor, irrespective of the claims of the parties to the custody of children.

- If, a mother found to ill treat and neglect the child , the custody of a minor or major child, even girl child, is not given to the  mother.

- A mother/father without a Job is not likely to win a custody case for lack of resources to care for their child regardless of gender.

- Finally the following factors will effect the custody case:

1. Ethical upbringing of the child
2. Safe-keeping of the child
3. Good education to be imparted
4. Economic well-being of the guardian

- Yes, if you will produce the above factors in your evidence and argument, then you will get order in your behalf.

Good luck and dont forget to rating Positively. 

If you agree for divorce, it will be  MCD i.e., both of you will settle  the  issue and  part ways as per understanding. 

Here, you have to give money towards her permanent alimony and you need to maintain your kids.

If you want to have kids with you, you can file application for custody of kinds, since they are grownup court will take into consideration of their wish. 

It is your bounden duty to maintain the children.

Dear Sir,

It is better to go for mutual divorce and get Memorandum of Agrrement between you and your wife.

How to file divorce petition by mutual consent? What happens in the court?

The divorce petition is in the form of affidavit, which is to be submitted to the family court. After the filing of the petition and recording the statement of both the parties, the court generally adjourns the matter for a period of 6 months.

After six months the parties have to present themselves again in the court for making a second motion confirming the mutual consent filed earlier. It is only after this second motion that a decree of the divorce is granted by the court.

What are different constraints regarding the alimony?

The right of maintenance extends to any person economically dependent on the marriage. This will include, therefore, either spouse, dependent children or even indigent parents.

The claim of either spouse (though, in the vast majority of cases, it is the wife), however, depends on the husband having sufficient means. When deciding how much alimony is to be paid, the courts will take into account the earning potential of the husband, his ability to regenerate his fortune (in case, say, the property is given to the wife) and his liabilities. In case either spouse is unable to pay for the divorce, these expenses would also be paid by the spouse that does have an income.

Various constraints determining the alimony are:

• The age of the person entitled to receive the alimony.
• The earnings and current financial status of the spouse entitled to pay the alimony.
• The failing health or a medical condition of one of the spouses who is going to receive the alimony may act in favor of him or her. They can claim a larger alimony on the basis of their failing health.
• The spouse that retains custody of the child would be entitled to either pay lesser alimony or be entitled to a greater amount while the child is a minor.

What are the provisions relating to child custody?

Courts usually agree to the decision of the parents in a mutual consent divorce, the courts are expected to see to the best interest of the child. In a contested divorce, the courts will examine the ability of the mother or father to be a parent to the child, for example. Money is not usually a matter that is considered. Non-working mothers are regularly given custody of their children, but fathers are expected to provide financial support.

Father Gets the Custody In The Following Manner

In India, it is believed that no one can be a better caregiver than a mother. Unfortunately, it is not true all the time.

Though while giving the custody the mother is given the first priority, the father can get it by following ways:

If the mother is willing to give up the custody of the child, then the father may get custody.

If the mother is not mentally stable, the father is the next person to get custody of the child.

If the child is of 13 years or more and expresses his wish to stay with the father, the Court shall grant it to the father.

In case the mother is of an immoral character, which may affect the child as well, the father gets the custody.

You need to pay maintenance to your wife and also in case custody of the child is with her then she can seek maintenance for kids also.

After going theough your query, i somehow feel your wife is harassive, may have an extra marital or kindly correct me if i am wrong, do not opt for divorce because you have to give 25% alimony and a house, but if you can prove her adulterous relation she will loose out on alimony and the kids. It needs to be properly played, If she wants divorce you deny you dont want it, let her file contested divorce then you file restitution if needed then, play safe and tactfully, have tried my level best to explain, various aspects needs to be planned properly.

Firstly on which ground she is going to file the divorce case.

She should have strong reason against you if still she succeed in taking divorce than children are grown up to good extend. Court may ask them with whom they want to live..... As per their wish court may grant custody.

And regarding alimony court may grant 25% of your monthly net income.

1. If there is a positive agreement between spouses then mutual divorce can take place wherein the spouses and not court get to decide their respective financial obligations in terms of permanent alimony/monthly maintenance. Issues like child custody can also be decided by the spouses.

2. If there is contested divorce then it is open to either parent to file a petition for declaration of guardianship under Guardians and Wards Act. Courts have to be guided by the solitary consideration of welfare of child in a dispute of child custody. Since children are aged 16 and 13 years old respectively the court has to factor in their wishes.

It's not mandatory for you to agree for divorce you can defend the case in court and prove her allegations wrong. 

She need strong grounds for divorce mere incompatibility is not a ground for divorce.

If divorce happen then you will be liable to give maintenance for your wife and girl till their marriage and for son till he attains the age of 18 years. 

For custody court will ask the opinion of your children that with whom they want to spent their life. 

If you do not want to divorce her then you can fight her divorce case strongly and record your objection, get her divorce case dismissed.

As far as maintenance is concerned she may be eligible for at least 25% of your salary income and another 10% towards your children.

You may file a child custody case if the children are not with you and are living with her post divorce or during the divorce case is going on.