Terms of seperation
2 years ago
When filing for mutual divorce, it's mandatory to stay away for 6 months. How does a non working mother cover hers and her daughter's expenses during this time?
Ankur Goel @ Complete Law Shield
Responded 2 years ago
A.mutual divorce depends on husband and wife for any money.
it is mandatory to stay away 1 year to file case.
6 months cooling off period can be waived on conditions.
it is mandatory to stay away 1 year to file case.
6 months cooling off period can be waived on conditions.
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
A.Hi,
Since it is a mutual consent divorce petition you should ask your husband to provide you certain maintenance for at least this 6 months for you and your child and rest of the amount can be decided later in the proceedings.
If you find this answer helpful please rate my answer. Thank you.
Since it is a mutual consent divorce petition you should ask your husband to provide you certain maintenance for at least this 6 months for you and your child and rest of the amount can be decided later in the proceedings.
If you find this answer helpful please rate my answer. Thank you.
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A.Hi,
This period of 6 months can be spent in the same house while living in different rooms also. If it is not possible then you can file a suit for maintenance.
If you find this answer helpful please rate my answer. Thank you.
This period of 6 months can be spent in the same house while living in different rooms also. If it is not possible then you can file a suit for maintenance.
If you find this answer helpful please rate my answer. Thank you.
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Madhulika Bhatnagar
Responded 2 years ago
A.While filing for mutual divorce you can also file an application for maintenance pendente lite i.e., maintenance for the time period for which the case is pending before the court.
Based on the income of your husband, you can seek maintenance for yourself, your daughter and even litigation costs.
Based on the income of your husband, you can seek maintenance for yourself, your daughter and even litigation costs.
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Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
A.Minimum one year separation period is necessary for filing the Matrimonial Suit for mutual consent Divorce by husband and wife. If that nonworking mother willfully decides to live separately from the husband then during such mutual consent separation period,that nonworking wife can U/s 125 of Cr.P.C. claim maintenance for them but the Criminal Court may not allow maintenance for that wife as she willfully leaves her husband but maintenance will be allowed for the daughter. Another thing is important in Mutual Divorce that the nonworking wife for herself as well as for her daughter can claim alimony from her husband and Memorandum of Understanding/ Agreement can be executed by both parties before filing mutual consent Divorce.
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Vaidehi Samant
Responded 2 years ago
A.The 6 months time period is to enable parties to allow parties to reconcile their differences if possible because legal system does not believe in breaking sacred relationship of marriage, hence in most of the cases the 6 months time period cannot be waived but you may apply to the Court if you want the 6 months time to be waived off in your matter. However if not granted than you will have to wait for 6 months and during such period you through including the same in mutual consent terms of your divorce petition may ask your husband to provide monthly maintenance of a certain for you and your child but you need to negotiate this out first with your husband. Thank you.
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If you found this advice helpful then please provide review and give ***** as appreciation.
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A.You must be separated for one year to file a case for divorce. You can file case for maintenance even before filing a case for divorce to sustain yourself.
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