How to handle divorce mediation
2 years ago
Me and my wife are married for 15 years and we had miserable togetherness. Last year we decided to part away and I filed divorce . She surprisingly filed DV and 498 . Now the situation is that our relations are extremely bitter.
Even after filing 498 and DV she is pursuing me for staying together via phone call and I can stay with her i am decided.
Now court has send to mediation and once we had this round. Mediator has asked her to settle the matter ,since i am not ready to accpet her since litigations are of no use and kids also get harrased. (I ALSO TOLD HER WE CAN HAVE GOOD FUTURE APART FROM EACH OTHER )
How to win a mediation process since I want mutual divorce (she is having revengeful mentality and money minded)?
She is B TECH but currently unemployed since last two months ONLY , I am employed currently with Stable income.
How much could be the one time alimony (percentage of salary etc)?
PLZ help what should be a agreeable deal for me ( monthly or permanent)?
Ankur Goel @ Complete Law Shield
Responded 2 years ago
She have to get job withing fixed time.
Alimony will depend if she is able to prove allegations.
For Mutual Divorce it all depends on your negotiation skills with her.
There is trick by which she will not get anything and you will be free from her.
Ayantika Mondal @ Prime Legal
Responded 2 years ago
The mediation part depends upon whose side the case is tilted. Secondly, the agreeable deal depends on whether you would want to part with 33% of your total property and assets at once or whether you would want to go for a monthly alimony of 25% of your monthly salary.
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If paid on a monthly basis, then the cap on alimony is 25% of the husband's net monthly salary as the benchmark amount that should be granted to wife. A one time settlement does not have such a benchmark but is between 1/5th to 1/3rd of your net worth.
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It needs lot of discussions and it depends upon many factors.
Once you settle down with the mediation and the MCD then you mus get the DV case and 498A case quashed.
You can read a blog on quashing of case here https://www.vidhikarya.com/legal-blog/Quashing-of-FIR-and-criminal-proceedings-of-498A-by-High-Court-under-Section-482-of-CrPC
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