Divorce with mutual concent
1 month ago
Me and my wife both are working. She earns close to 2.4lac a month and i earn close to 1 lac per month.
She has asked for divorce without any reason saying compatibility issues after 12 years of marriage. Although i dont want to divorce but she is not agreeing so finally i had to agree. We have a 10 years old daughter. Need answers on the following as we are before proceeding to court.
1. Can she or me ask for maintenance / alimony as she is earning more than me.
What would be an ideal amount / courts norms for childs maintenance. (as i have read somewhere supreme court says maximum of 25% of salary)
Upto what age of child do i need to pay the maintenance
When i count my salary it is excluding few loans from private persons also (does court consider the same when i am declaring the income)
A.Dear Client,
In the event of disputes between married couples, resolution can either occur through mutual understanding or legal intervention. If the relationship becomes irretrievable, a mutual divorce with a court decree may be pursued. A legal option is to file a petition under Section 9 of the Hindu Marriage Act, 1955, seeking the restitution of conjugal rights. This remedy is available to either the husband or wife who has been unjustifiably deserted or separated.
If successful in a Section 9 case, the spouse is not entitled to maintenance under Section 125 of the CrPC. After one year from the withdrawal of the Section 9 case, a divorce case can be filed, either contested or mutual, with the latter being less time-consuming and costly. In the case of contested divorces, custody of a child under 5 years typically goes to the mother.
According to the Guardians and Wards Act 1890, a child's preference for custody is considered after reaching the age of 9. Fathers seeking sole custody must establish the mother's unfitness and meet the "best interest standard" for the child. The quantum of maintenance or alimony varies, with no fixed rule. Monthly maintenance is often set at 25% of the husband's net earnings. For one-time settlements, the amount typically ranges from 1/5th to 1/3rd of the husband's net worth.
Earning by the wife does not automatically bar her from claiming maintenance. Maintenance or permanent alimony under Sections 24 or 25 of the Hindu Marriage Act may be sought by either spouse. The Supreme Court emphasized in a case that the wife's earning does not preclude her right to maintenance; factors considered include the sufficiency of her income, the duration of the marriage, and the conduct of both parties. Consulting an expert divorce lawyer is recommended for proper legal advice before initiating divorce proceedings.
In the event of disputes between married couples, resolution can either occur through mutual understanding or legal intervention. If the relationship becomes irretrievable, a mutual divorce with a court decree may be pursued. A legal option is to file a petition under Section 9 of the Hindu Marriage Act, 1955, seeking the restitution of conjugal rights. This remedy is available to either the husband or wife who has been unjustifiably deserted or separated.
If successful in a Section 9 case, the spouse is not entitled to maintenance under Section 125 of the CrPC. After one year from the withdrawal of the Section 9 case, a divorce case can be filed, either contested or mutual, with the latter being less time-consuming and costly. In the case of contested divorces, custody of a child under 5 years typically goes to the mother.
According to the Guardians and Wards Act 1890, a child's preference for custody is considered after reaching the age of 9. Fathers seeking sole custody must establish the mother's unfitness and meet the "best interest standard" for the child. The quantum of maintenance or alimony varies, with no fixed rule. Monthly maintenance is often set at 25% of the husband's net earnings. For one-time settlements, the amount typically ranges from 1/5th to 1/3rd of the husband's net worth.
Earning by the wife does not automatically bar her from claiming maintenance. Maintenance or permanent alimony under Sections 24 or 25 of the Hindu Marriage Act may be sought by either spouse. The Supreme Court emphasized in a case that the wife's earning does not preclude her right to maintenance; factors considered include the sufficiency of her income, the duration of the marriage, and the conduct of both parties. Consulting an expert divorce lawyer is recommended for proper legal advice before initiating divorce proceedings.
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A.Dear Client,
Any dispute or difference between a married couple either be resolved on mutual understanding out of court or through the intervention of the Court. When the relationship between a married couple becomes toxic and irretrievable, the best way to resolve the crisis is to opt for mutual divorce with mutual understanding to set free each other and that also requires a court decree/order. When no other way left to restore the matrimonial relationship or to resolve the dispute between a married couple, either one of them has to opt for recourse of relevant laws that govern the relationship between a married couple. However, if you wish to go legal and want to continue your matrimonial life then you can file a petition under Section 9 of HMA, 1955. Under section 9 of the Hindu Marriage Act, any spouse can file a petition before a district court for the restitution of Conjugal Rights. This remedy can be sought by either the husband or the wife who has been deserted or separated from the other spouse without any reasonable cause or excuse. If the husband wins the Sec 9 (RCR) case then the wife is not entitled to Maintenance u/s.125 of CrPC. If there is no evidence of ill-treatment by the husband and the wife has no just cause to live separately, she is not entitled to claim the maintenance. You can file a divorce case after completion of one year after withdrawal of the RCR case. A contested divorce is more expensive and time-consuming than a mutual divorce. On dissolution of marriage through a decree of divorce, the custody of a child below 5 years of age is given to the mother. As per the Guardians and Wards Act 1890, once a child achieves the age of 9 years in India, his/her preference for custody is considered by the Court on appeal seeking custody of a child by either parent. Fathers can get sole custody of their children. To do so, first and foremost he must establish the unfitness of the mother before the Court seeking the custody of the child. The court must also feel that the father meets the "best interest standard" of the child. In addition, there are aspects of a custody case where fathers may have an additional burden to prove that mothers do not. These include paternity, the primary caretaker role, and home environment quality. Only in case, if the court feels that the mother is unfit to take care of the child, the custody will go to the father. It is always recommended to consult an expert divorce lawyer to get the right legal advice before filing a contested/mutual divorce petition. As regards the quantum of maintenance or alimony in divorce cases, there is no setup rule for paying the maintenance or one-time amount of alimony. However, the court can grant one-fifth to one-third of the husband's net worth as alimony. If maintenance or alimony gets paid monthly, the Supreme Court of India has established a benchmark value of 25% of the husband's net monthly earnings to get awarded to the wife. There is no such benchmark for a one-time settlement/compensation, but usually, the amount ranges between 1/5th to 1/3rd of the husband's net worth. Merely because the wife is earning, does not automatically operate as an absolute bar for awarding maintenance: Delhi High Court ruled out in a case. Maintenance /permanent alimony u/s 24 or 25 of the Hindu Marriage Act, 1955 may be claimed by either wife or husband. The Supreme Court also opined in the case of Nidhi Sudan v. Manish Kumar Khanna, 2023 SCC OnLine Del 7652, decided on 04-12-2023] that merely because the wife was earning, her right to get maintenance would not be barred. The parameters for the decision were whether her income was sufficient to maintain herself and her child, the duration of marriage and the conduct of parties.
Any dispute or difference between a married couple either be resolved on mutual understanding out of court or through the intervention of the Court. When the relationship between a married couple becomes toxic and irretrievable, the best way to resolve the crisis is to opt for mutual divorce with mutual understanding to set free each other and that also requires a court decree/order. When no other way left to restore the matrimonial relationship or to resolve the dispute between a married couple, either one of them has to opt for recourse of relevant laws that govern the relationship between a married couple. However, if you wish to go legal and want to continue your matrimonial life then you can file a petition under Section 9 of HMA, 1955. Under section 9 of the Hindu Marriage Act, any spouse can file a petition before a district court for the restitution of Conjugal Rights. This remedy can be sought by either the husband or the wife who has been deserted or separated from the other spouse without any reasonable cause or excuse. If the husband wins the Sec 9 (RCR) case then the wife is not entitled to Maintenance u/s.125 of CrPC. If there is no evidence of ill-treatment by the husband and the wife has no just cause to live separately, she is not entitled to claim the maintenance. You can file a divorce case after completion of one year after withdrawal of the RCR case. A contested divorce is more expensive and time-consuming than a mutual divorce. On dissolution of marriage through a decree of divorce, the custody of a child below 5 years of age is given to the mother. As per the Guardians and Wards Act 1890, once a child achieves the age of 9 years in India, his/her preference for custody is considered by the Court on appeal seeking custody of a child by either parent. Fathers can get sole custody of their children. To do so, first and foremost he must establish the unfitness of the mother before the Court seeking the custody of the child. The court must also feel that the father meets the "best interest standard" of the child. In addition, there are aspects of a custody case where fathers may have an additional burden to prove that mothers do not. These include paternity, the primary caretaker role, and home environment quality. Only in case, if the court feels that the mother is unfit to take care of the child, the custody will go to the father. It is always recommended to consult an expert divorce lawyer to get the right legal advice before filing a contested/mutual divorce petition. As regards the quantum of maintenance or alimony in divorce cases, there is no setup rule for paying the maintenance or one-time amount of alimony. However, the court can grant one-fifth to one-third of the husband's net worth as alimony. If maintenance or alimony gets paid monthly, the Supreme Court of India has established a benchmark value of 25% of the husband's net monthly earnings to get awarded to the wife. There is no such benchmark for a one-time settlement/compensation, but usually, the amount ranges between 1/5th to 1/3rd of the husband's net worth. Merely because the wife is earning, does not automatically operate as an absolute bar for awarding maintenance: Delhi High Court ruled out in a case. Maintenance /permanent alimony u/s 24 or 25 of the Hindu Marriage Act, 1955 may be claimed by either wife or husband. The Supreme Court also opined in the case of Nidhi Sudan v. Manish Kumar Khanna, 2023 SCC OnLine Del 7652, decided on 04-12-2023] that merely because the wife was earning, her right to get maintenance would not be barred. The parameters for the decision were whether her income was sufficient to maintain herself and her child, the duration of marriage and the conduct of parties.
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