What is the provision for child maintenance in Mutual divorce
What is the provision for child maintenance in Mutual divorce
I am going through mutual divorce after 10 years of marriage. Have one girl child who will stay with my wife and she will have the full custody. I am giving money and flat as one time settlement tow
2 years ago
A. Hello
Your daughter can claim maintenance in future until she age of 18 years or she started earning. Although, your wife cannot claim maintenance after the divorce. Option you have is to make clearly mention in the divorce petition that what your are leaving for your daughter and what for her mother.
Thanks.
Ayantika Mondal @ Prime Legal
How to speed up the petition filing for mutual divorce
With reference to #230030 After finalizing all T&C (cash alimony for my wife, property rights to my wife for child's maintenance) with my wife over last few months, we finally decided to proceed
2 years ago
A. Child maintenance clauses can be added in divorce terms even if the divorce is happening under any law or Act, do not fall to such trap because if the child maintenance clause is not included in mutual consent terms of divot your wife might get further scope to file litigation for child maintenance even after the divorce has happened which may disturb you even further therefore insist through your lawyer on child maintenance terms to be added/included in the divorce terms to keep the same stable ...ReadMore
Vaidehi Samant
Cancellation of marriage certificate
I had signed the marriage registration papers in 2020 but didn't stay with the partner after registration and didn't get married in front of the fire and didn't take saat phere so is the marriage canc
2 years ago
A. Hello
As you have got your marriage registered, you and your partner are husband and wife now. In the eyes of law you would be considered as Husband and wife. So in order to cancel your marriage you'll have to do it by divorce. You could file a suit for divorce.
Thanks
Ayantika Mondal @ Prime Legal
Mutual divorce
My wife and I are going for mutual divorce. Even after agreeing to the one time alimony , child maintenance etc which I will give to wife, her side lawyer is unnecessarily delaying the matter , for
2 years ago
A. Seems you are stuck in the situation. As a biological father, it is your moral and legal obligation to maintain the male child till 18 years and female child till 21 years.
You and your wife are bound to share the costs equally. Now if you are giving lumpsum payment. Then it has to be covered in your mutal consent terms that the said money is being giving for the child only for his/her education and living.
Further for flat also get the name of child involved and appoint someone as a Guardian ...ReadMore
Withdrawal of consent after second motion
How does one withdraw consent in a MCD case , after both parties have given consent for divorce in second motion ?
2 years ago
A. Consent can be withdrawn at any point of time before the decree/judgement is passed is in MCD as free consent is most important element of Mutual Consent Divorce.
Falsely accused of ipc 377 by wife
How can I get divorce from my wife who have filed 498a, 323, 406, 504, 506, 34 later added 377 which resulted in 3 days police custody and thereafter bail was granted ? 17 months have passed for marri
2 years ago
A. You need to be very careful as it seems she has got guidance of a good lawyer. First of all you agree for some amount settlement and once that is done you hire a good criminal lawyer and show that as an evidence to the court that she lodged a false case against you to extract money. You may also try to get all the criminal cases quashed at the High Court under Section 482 of CrPC.
Post all this you can very well file a divorce case under the ground of cruelty by hiring a good divorce lawyer.
Yo ...ReadMore
Property Rights
In a divorce case filed by wife if the husband dies during the pendency and the maintenance is also still pending what are her rights over the property of husband .And can she also claim from self own
2 years ago
A. Hi,
As per S.8 of the Succession Act, the wife is one of the recognised individuals who have the right to claim a devolving interest in the property however it is limited only to the ancestral property. Secondly, she cannot claim more than her husband's share if the property was to be divided.
If you find my answer helpful then kindly rate me.
Ayantika Mondal @ Prime Legal
Matrimonial issue
I was married on May 2019, After wards i went for sweden for official purpose on sep 2019. Mean time my wife was pragnent and she went her house on oct 2019. During that 4 months we live together with
2 years ago
A. Aap aapash me baithkar apne vivad ka solution karne ka paryash kare.daughter ke life ka sawal hai.
Mahila help line jaaye. Udhar aap ka paryash kiya jaa sakta hai.
Divorce sabse baad ka vikalp hai. Daughter ki custody ki court mother ko importance degi. Kyonki daughter ke liye 13 years tak mother ko custody ka right hai.
apko milne ki permission mil sakti hai.
Pardeep Kumar Dhiman Dhiman
My wife did conspiracy with the neighbour to kill me
I heard a midnight conversation between my wife and my neighbour to hire people to kill me. From whtsapp messages I discovered they have hatched a plan. Can I go to ploice and lodge FIR, can it help m
2 years ago
A. Immediately consult a lawyer for divorce and simultaneously lodge an FIR too to save yourself you are dead sure that your wife has hatched a plan with your neighbour to get you killed.
Problem with Spouse
I married a girl who did MBA on 2019 June 6th its been two years as of now. I am software engineer Bangalore i am from Andhra Pradesh. I setup a family at Bangalore only after marriage, i am from Farm
2 years ago
A. Dear Sir,
Always be brief in submitting your question so that expert lawyers can read it. You may file divorce case and need to pay monthly maintenance to your wife depending upon several factors the quantum of maintenance will be decided.
