• Alimony after divorce

I & my wife are filing mutual divorce after one yr. of our marriage(which was in SPECIAL MARRIAGE ACT). She is only 23 yrs now. My self 27. She is sanskrit hons. Her father is a well established bussiness man. After how much days we get divorce certificate? My salary 50,000/ month. Can she demands alumni in mutual divorce also? If yes, then In my case how much? Please clarify the onetime amount & maintenance.  "After divorce, Can she demand alumni If she gets married to another man?" Again I am asking, if she willingly marry another man after 2 yrs of  divorce, can I stop giving alumni there after?
Asked 4 months ago in Family Law from Kolkata, West Bengal
Religion: Muslim
in mutual consent divorce consent terms form integral part of the divorce petition . alimony amount has to be agreed between part and mentioned in consent terms 

2)your wife can demand alimony . it is one time payment of lump sum amount . maintenance is payable monthly 

3) in case wife remarries after divorce she would not be entitled to maintenance 

4) mutual consent divorce takes around 6 months 



Ajay Sethi
Advocate, Mumbai
23184 Answers
1218 Consultations
5.0 on 5.0
1. Mutual divorce occurs when both aprties agree on terms and condition including one time settlement. If one of the suses stick to particular demand which the other does not agree then it can not happen.
2. A wife even after divorce is entitled to maintenance as long as she is alive provided she has not remarried.
3. Feel free to contact if you need further help in this.
Devajyoti Barman
Advocate, Kolkata
5189 Answers
54 Consultations
4.9 on 5.0
Hi
Did you discuss the terms and conditions of a mutual.consent divorce with your wife?If so did she ask for any amount..
In mutual consent divorce the alimony or compensation terms are decided by the parties not by court.
There.is no provision she can ask alimony later.on after the mutual consent divorce order,
The parties both agree and file affidavit before court that they have no dispute pending and shall not make any claim in the future other than what is said in the terms of your mutual consent petitio filed by you both.
First find out if she has any demands ,agree if you can afford it and check whether a specific clause is included in the mutual consent petition draft that wife is "is writing off all her claims of maintenace,alimony and property rights at present and future" and shall not file any cases for the same.
This will safe guard you a ainst her claims in the future.
If there is a term set out to pay any amount you will have to pay.after mutual.divorce no maintenance unless you agree so in the petition as part of terms of settlement.
Maintenance in unilateral Divorce e generally is till wife remarries and for children till they attain majority 18 years 
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0
1. Mutual Divorce takes 6 months to materialise if both the spouses are into a positive agreement to dissolve the marriage. In MCD it is for the spouses alone to agree to any sum of alimony, whereas it is open to the wife to altogether renounce her claim to alimony. In MCD the court simply stamps its approval on the consent terms reduced to writing by the spouses. 

2. If there is contested dissolution then she may file for maintenance which may be 1/3rd of your monthly salary.

3. Maintenance is payable only as long as the wife remains unmarried.
Ashish Davessar
Advocate, Jaipur
18088 Answers
447 Consultations
5.0 on 5.0
husband can file for divorce on grounds of mental cruelty

2) refusal to stay with husband amounts to mental cruelty 

3) refusal to have sex amounts to mental cruelty 

4) contested divorce takes 5 years

5) mutual consent 6 months 

6) wife can file false counter cases of 498A/ DV 
Ajay Sethi
Advocate, Mumbai
23184 Answers
1218 Consultations
5.0 on 5.0
1. You may file for contested dissolution of marriage on the ground of cruelty.
2. Depends on the evidence adduced by yoy.
3, 2-3 years.
4. She may file false criminal complaints, so apply for anticipatory bail to preempt your arrest.
Ashish Davessar
Advocate, Jaipur
18088 Answers
447 Consultations
5.0 on 5.0
Yes husband can file for divorce on ground of cruelty .

If there was no sexuĂ l relationship happened and the Marriage has not.consummated husband can file for nullity.
If your wife desert you if conjugal rights for a continuous 2 years the husband can file divorce on ground of desertion and cruelty.
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
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1. 1. You can file the mutual consent divorce application after one year of marriage and also separation,

2. The petition will be disposed of after around 6 & 1/2 months from the date of filing the petition,

3. After the decree of divorce is passed, it may take around 7 days to get the copy of the decree from the Court,

4. All the matters in connection with alimony/maintenance/compensation, return of all Streedhan etc. are to be discussed and agreed to before the MCD petition is filed,

5. If she agrees not to demand any maintenance/alimony in the MCD petition, she will not be able to claim the same later on,

6. If it is agreed before  filing te MCD petition that she will not claim any alimony, then she won't get it even if she does not marry later on. However, no maintenance/almony is paid if a divorced woman is remarried,

7. The mutual Consent divorce Petition shall have to be drafted carefully to ensure that there is no future legal problem faced by the husband.
Krishna Kishore Ganguly
Advocate, Kolkata
12092 Answers
229 Consultations
5.0 on 5.0
1. If it is not mutual consent divorce then you shall have to file the divorce suit based on acceptable ground. You can not file a divorce suit just for whims and fancy. Generally divorce suit is filed on the ground of cruelty caused by the other side,

2. If you can produce irrefutable evidence of her cruelty on you  then the chance of getting success is 100%,

3. If she contests the suit, it may take 2 to 3 years. if it is a MCD, it will take  6 & 1/2 months,

4. Filing divorce petition is not a crime and it has nothing to do with your office.

4. 
Krishna Kishore Ganguly
Advocate, Kolkata
12092 Answers
229 Consultations
5.0 on 5.0
Divorce is a different subject to that of the alimony issue.

She can very well claim alimony and it can be monthly maintenance or one time settlement.

The monthly maintenance shall be till her lifetime or until she is married to somebody. 

The quantum of maintenance or alimony will depend on how he proves your income and how you defend it. 
T Kalaiselvan
Advocate, Vellore
13971 Answers
127 Consultations
5.0 on 5.0
Now I want divorce(not she).
1. In which way I will file my divorce? Can a husband pray for divorce?

Yes, why not.  A party t marriage can very well file divorce case.



2. How much my success rate?

It depends o how you prosecute with the aid of the evidences in your side.




3. How much time it can take?

It cannot be predicted





4. As myself a government employee, Can my wife draw any allegation in law to hamper my service life?

No.  She cannot do it because the employment is different to the personal life. 
T Kalaiselvan
Advocate, Vellore
13971 Answers
127 Consultations
5.0 on 5.0
Every thing including maintenance, permanent alimony, exchange of belongs viz., gold,silver, jewelry etc., claim or no claim in property  vis-a - versa etc., If it is Mutual consent divorce you have wait for 6 months from the date of petition. 1 year separation is mandatory for getting divorce. you will success rate is 100%. it will take 6-7 months. it is up to you don't give any chance to allege.     
Lakshmi Kanth
Advocate, Hyderabad
223 Answers
2 Consultations
4.8 on 5.0
1) you cannot file for annulment of marriage because your wife is arrogant 

2) since she is your legally wedded wife  she has right to stay in her matrimonial home 

3) if your wife contests annulment case for declaration marriage is null and void it would take years to be disposed of 
Ajay Sethi
Advocate, Mumbai
23184 Answers
1218 Consultations
5.0 on 5.0
1. There are grounds for which you can file petition for annulment of your marriage and the grounds shown by you does not call for filing annulment petition,

2. No body can force his/her spouse to stay with him/her or to any particular place against his/her wish,

3. You can file a divorce suit on the ground of cruelty after completion of one year of your marriage submitting evidence of your allegation. There is no stated ground based on which you can file annulment petition.
Krishna Kishore Ganguly
Advocate, Kolkata
12092 Answers
229 Consultations
5.0 on 5.0
You can file a case for annulment of marriage by a decree of nullity under section 25(i) on the grounds that  the marriage has not been consummated owing to the wilful refusal of the respondent to consummate the marriage;

After filing the above case she may not be able to force you to stay with her and even without filing any such case she cannot force you to live together with her

You have to file a petition containing the pleadings for seeking annulment of marriage.  For knowing the legal procedure you may consult a local advocate about this who would be able to guide you properly in this regard. 

It depends on the prosecution and the defense that has been put by her .  There are various factors involved in this hence the time taken for disposal cannot be predicted. 

The success rate depends on how you are able to prosecute her with strong grounds and evidences as well as merits in your side. 
T Kalaiselvan
Advocate, Vellore
13971 Answers
127 Consultations
5.0 on 5.0
You may file for annulment if your marriage has not been consummated. During the subsistence of marriage she has the right to reside in her matrimonial home
Ashish Davessar
Advocate, Jaipur
18088 Answers
447 Consultations
5.0 on 5.0
1) wife cannot force you to stay with her 

2) wife cannot force you to share bed with her 

3) law cannot force you to reside with your wife 

4) wife can file petition under section 9 of Hndu marriage act for restitution of conjugal rights 
Ajay Sethi
Advocate, Mumbai
23184 Answers
1218 Consultations
5.0 on 5.0
1.  If she is given shelter in her matrimonial home, then she cannot claim residence rights after this. She has no right to ask you to be beside her always.  You can leave the home or her and start living separately and so long as you are properly taking care of her needs, she cannot force you to stay with her.


2.  Not only she, nobody can force you on this matter if you are not willing to do it.


3. NO


4.  If she has been provided proper shelter as a dutiful husband she cannot have any legal claim beyond that, she may ask for conjugal relationship, but if you refuse to have it with her then even the court cannot force you. 
T Kalaiselvan
Advocate, Vellore
13971 Answers
127 Consultations
5.0 on 5.0
1. No.
2. No
3. No
4. No.
Ashish Davessar
Advocate, Jaipur
18088 Answers
447 Consultations
5.0 on 5.0
1. No. She can not force you to stay with her but she can demand to stay with you and in case she arrives at the place where ever you  stay, you won't be able to stop her entering in to your residence,

2. Absolutely no. She can not force you to share bed with her or have physical relationship with her against your wish,

3. No. You are a free citizen of Indian and can live any where you wish to. Only stipulation is that you shall have to maintain her if she is unable to maintain herself financially. There is no section of IPC which can force you to stay with your wife,

4.  She can claim maintenance and file divorce case on the ground of cruelty claiming compensation/alimony.
Krishna Kishore Ganguly
Advocate, Kolkata
12092 Answers
229 Consultations
5.0 on 5.0
1. Can I file nulity on this ground?
           She now told me that she will not stay with my old age patents not she will take any care of them.
      I also knew now that she had a physical relation with a guy 2 yrs. back.



All the above shall not constitute grounds for filing petition for nullity.






2.Can I file nulity on these 3 above mention grounds?

NO, not now.





3. Can I file nulity as she broke my faith and frauds me?
            I mentally tried many time, but I have not any physical attraction to her & I can never make any physical relation with her in future too. 


You can file petition for nullity for not consuming of marriage owing to her impotency.






4. Can I file nulity in this sensitive ground???

NO







5. Can I use any cell phone conversations recording(between us) as a proof in court.

This may not be admissible evidence.
T Kalaiselvan
Advocate, Vellore
13971 Answers
127 Consultations
5.0 on 5.0
your marriage has taken place under SMA

2) you can have physical relationship with your wife . no need to wait for nikkah

3)you cannot file for nullity on ground wife forcing you to have sex

4) her affairs before marriage are immaterial . you cannot file for nullity on grounds of her affairs before marriage or her refusal to take care of your parents 

5) call recordings are admissible in evidence 
Ajay Sethi
Advocate, Mumbai
23184 Answers
1218 Consultations
5.0 on 5.0
1. These are grounds for divorce not nullity.
2. 'Sensitivity' is also not a ground for divorce.
3. Recorded conversations can be led in evidence to prove the allegations in the court.
Ashish Davessar
Advocate, Jaipur
18088 Answers
447 Consultations
5.0 on 5.0
1. You complained that she has mentally tortured you by forcing you to go beyond your religious diktat. This can be ground for seeking a decree of divorce from your wife but not annulment of marriage,

2. None of the above grounds except the fact that she had a physical relationship with someone else before marrying you, can be treated as ground for annulment of marriage. Regarding physical relationship with other person, you shall have to submit irrefutable evidence in support of your allegation that vital fact of her said physical relationship was suppressed from you while taking your consent for marriage for which you can seek annulment of marriage,

3. Breaching of Trust and committing fraud does not constitute grounds for annulment of marriage but decree of divorce. You have no physical attraction towards her is not a ground for even seeking decree of divorce,

4. No. You can not seek annulment of marriage on the stated ground as clarified above,

5. Audio recording of telephonic conversations are valid evidence acceptable to Indian Courts.

Krishna Kishore Ganguly
Advocate, Kolkata
12092 Answers
229 Consultations
5.0 on 5.0
1)she is your legally wedded wife and can file DV case against you . 

2)you need to apply for AB from sessions court 

3) yoiu would not lose your job if you obtain AB 

4) contact a local lawyer and file for AB 

5) if it is proved wife has filed false case against you then you cna file case of perjury against her for making false statement on oath 
Ajay Sethi
Advocate, Mumbai
23184 Answers
1218 Consultations
5.0 on 5.0
1. You ought to have applied for AB by now. Do it immediately lest you are arrested and put behind bars which may result in your suspension. You are helpless only because of inaction and lack of due diligence on your part.

2. Think about the counter cases only after you have proved your innocence.
Ashish Davessar
Advocate, Jaipur
18088 Answers
447 Consultations
5.0 on 5.0
1. As per the Supreme Court order, police will not make any arrest against 498A complaint without conducting an enquiry about the incidence complained against. So, police might have come to enquire about the incidence which made you scary for which you ran away. Co-operate with the investigation conducted by the police and inform the IO whatever you want to state in your support against  the complaint. do not run away. She can file any case against you which you shall have to contest fittingly without running away,

2. If you are taken in to custody for more than 48 hours then you will be suspended and kept suspended till the case is disposed of in your favour,

3. Yes, engage a local lawyer having expertise in this field and apply for and avail AB immediately,

4. You are expected to get B within 1 month from the date of filing the AB petition. So, file it immediately,

5. Yes, if her charges are proved to be false, you can file a criminal case against her for lodging false case against you.
Krishna Kishore Ganguly
Advocate, Kolkata
12092 Answers
229 Consultations
5.0 on 5.0
1.  Yes, she can file.  This is a continuous offence.


2.  If the custody is beyond 48 hours then it may reflect in the service career. 


3.  Yes you can take anticipatory bail but for that a criminal case is to be filed or existing.
T Kalaiselvan
Advocate, Vellore
13971 Answers
127 Consultations
5.0 on 5.0

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