Regarding Mutual settlement

Dear Client,
Section 13B of the H. M. Act provides for divorce by mutual consent. As per Sec. 13B(1) of HMA, the essential ingredients for filing a mutual consent divorce petition are 1. Parties have been living separately for a period of one year or more. 2. They have not been able to live together. 3. Mutually agreed that the marriage should be dissolved. Documents Required For Mutual Divorce include a copy of the marriage certificate, a copy of the address proof of both parties, a copy of the income proof of both parties, a copy of the birth certificate of any children of the marriage, the Memorandum of Understanding (MoU), and the joint divorce petition. The primary purpose of an MOU (Memorandum of Understanding) in divorce proceedings is to provide a clear, enforceable understanding of what each party has agreed to before formalizing the divorce and such an MOU should be well-informed and well-drafted by expert counsel. Once the MoU is finalized, the couple can file a joint divorce petition in the Family Court. As per Sec. 13B(2) of the Act, after the presentation of the MCD petition, a cooling-off period of not less than 6 months is allowed, but not later than 18 months on motion of both parties. However, a mutual consent divorce can be completed earlier if the Hon'ble Judge waives the six-month waiting period or cooling-off period. Be informed that both under Section 25 of the Hindu Marriage Act, 1955, or under Section 125 Cr. PC(Section 144 of BNSS), any person having sufficient means is liable to support his wife and children post-decree of divorce, provided she is unable to maintain herself and her children. This support is provided by way of a fixed amount determined by a judicial magistrate, once an application is filed by the aggrieved spouse seeking maintenance from her husband in the Family Court. Certain guidelines had been set down by the Supreme Court in its judgment in the case of Rajnesh Vs. Neha (2021(2) SCC 324). Said criteria include the parties’ status, the respondent Wife needs, the respondent’s income and property, the claimant’s liabilities and financial responsibilities, the parties’ age and employment status, the parties’ residential arrangements, the parties’ minor children’s maintenance, and illness or disability, etc. The courts have held that the husband's income, as well as his assets and properties, can be taken into consideration while determining the maintenance amount. As regards the quantum of alimony/maintenance in divorce cases, there is no set rule for paying the one-time amount of alimony/maintenance. However, the court can grant one-third or one-fifth of the husband's or wife's net worth as alimony or maintenance. Under divorce alimony rules, no lump-sum settlement benchmark exists. If alimony/maintenance gets paid monthly, the Supreme Court of India has established a benchmark value of 25% of the husband's net monthly earnings to be awarded to the wife. There is no such benchmark for a one-time settlement/compensation, but usually, the amount ranges between 1/3rd to 1/5th of the husband's net worth. To enforce maintenance orders, the Court can issue various orders, including attachment of the salary or property of the husband. Non-compliance can also lead to imprisonment, as per Section 125(3) of Cr. PC. So, you cannot escape from your legal and moral liability to support your spouse and the child post-divorce, if she is unable to maintain herself and her child. So, it is advisable to navigate the issue of a settlement order in the MCD Case wisely and cautiously to avoid any legal consequences in the future.