Mutual Divorce Mutual Divorce

6 years ago

My sister is a working lady with an one year old baby boy, her husband wants divorce but my sister wants to divorce him after 2.5 years so the her baby grows up a bit.
What should she do? And can she claim anything for her baby or not?

Adv. Sarika Khude

Responded 3 years ago

A.sister can refuse divorce which will take time
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Vidhi Samaadhaan Vidhi Samaadhaan

Deepak Yashwantrao Bade

Responded 4 years ago

A.dear client in your case, your sister wants to divorce her husband after 2.5 years so that the kid grows up a little, then let her husband file the case for divorce and your sister should counter the same in tooth and nail. She has the right to claim for herself as well for the kid. Since, the kid is small enough then the mother of the child will get the custody of the child.
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Vidhi Samaadhaan Vidhi Samaadhaan

Prabhakara S K Shetty

Responded 5 years ago

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A.Your sister can refuse divorce which will take time she needs, and meantime she can ask for interim maintenance of child.
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Vidhi Samaadhaan Vidhi Samaadhaan

Abhimanyu Shandilya

Responded 6 years ago

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A.If they go for divorce with mutual consent then there is a possibility that it can be done faster and before the baby turns 2.5 but it is not guaranteed. So, if your sister is looking forward to have some time and then allow the husband to have divorce then it makes sense to speak to the husband and communicate to him. He should understand this and cooperate knowing well that in case your sister does not agree for mutual consent then the divorce case will go on for years.
Secondly, yes she can ask for maintenance fro the baby.
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